Acceleron, LLC v. Dell, Inc.
Plaintiff: Acceleron, LLC
Defendant: Dell, Inc.
Special Master: William H. Needle
Case Number: 1:2012cv04123
Filed: November 28, 2012
Court: US District Court for the Northern District of Georgia
County: Fulton
Presiding Judge: Timothy C Batten
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338 Patent Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2022 Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #788 Notice of Appeal. Case Appealed to USCA - Federal Circuit. USCA Case Number 22-1620. The record on appeal is available electronically with the exception of: 1 Envelope of Exhibits w/ pldg nos. 746 and 747 (2 USBs). (kac)
August 25, 2022 Clerk's Certificate of Mailing sent to Lauren J. Dryer as to Dell, Inc., re: Appeal Record Certified. (kac) Modified on 8/25/2022 (kac).
August 25, 2022 Notification of Docket Correction re: Clerks Certificate of Mailing. Modified docket text. (kac)
June 30, 2022 Notification of Docket Correction re: #804 Transcript. Corrected Transcript Filed. (kac)
June 29, 2022 Filing 805 Notification of Transcript Filed in District Court re #792 Transcript Order Form, filed by Acceleron, LLC. All transcripts for this request are now on file. (llb)
June 29, 2022 Filing 804 TRANSCRIPT of Proceedings held on 9/2/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Fed.R.App.P. 11 Certification due on 7/13/2022 Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb) (Additional attachment(s) added on 6/30/2022: #2 Transcript) (kac).
June 29, 2022 Filing 803 TRANSCRIPT of Proceedings held on 9/22/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 802 TRANSCRIPT of Proceedings held on 9/20/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 801 TRANSCRIPT of Proceedings held on 9/17/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 800 TRANSCRIPT of Proceedings held on 9/16/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 799 TRANSCRIPT of Proceedings held on 9/15/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 798 TRANSCRIPT of Proceedings held on 9/14/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 797 TRANSCRIPT of Proceedings held on 9/13/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 796 TRANSCRIPT of Proceedings held on 9/10/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 795 TRANSCRIPT of Proceedings held on 9/9/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
June 29, 2022 Filing 794 TRANSCRIPT of Proceedings held on 9/8/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (Attachments: #1 Notice of Filing Transcript) (llb)
April 20, 2022 Filing 793 Court Reporter Acknowledgment re: #792 Transcript Order Form filed by Acceleron, LLC. Case Appealed to USCA - Federal Circuit. USCA Case Number 2022-1620. Transcript is required. Court Reporter: Lori Burgess. Satisfactory financial arrangements completed. Transcript due by 5/20/2022. (kac)
April 20, 2022 Filing 792 TRANSCRIPT ORDER FORM for proceedings held on Pre-Trial Conference dated 09/02/2021; Trial Transcripts for the dates 09/08/2021 through 09/22/2021, including closing arguments before Judge Timothy C. Batten, Sr., re #788 Notice of Appeal,,. Court Reporter: Ms. Lori Burgess. (Crain, Norman)
April 20, 2022 Set Financial Arrangements due date deadline re: #792 Transcript Order Form. Financial Arrangements due on 5/4/2022. (kac)
April 11, 2022 Filing 791 USCA Acknowledgment of #788 Notice of Appeal filed by Acceleron, LLC. Case Appealed to USCA - Federal Circuit. USCA Case Number 22-1620. (kac)
April 11, 2022 Notification of Docket Correction re: #788 Notice of Appeal to include document relationship. (kac)
April 7, 2022 Filing 790 Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals- Federal Circuit re: #788 Notice of Appeal. (pjm)
April 7, 2022 Filing 789 USCA Appeal Transmission Letter to USCA- Federal Circuit re: #788 Notice of Appeal, filed by Acceleron, LLC. (pjm)
April 6, 2022 Filing 788 NOTICE OF APPEAL as to #639 Order on Motion in Limine, #783 Order on Motion to Alter Judgment, Order on Motion for Judgment as a Matter of Law, Order on Motion for New Trial, Order on Motion for Miscellaneous Relief, #480 Order on Motion for Partial Summary Judgment, #627 Order, #481 Order on Motion for Partial Summary Judgment, #478 Order on Motion to Strike and #786 Clerk's Judgment by Acceleron, LLC. Filing fee $ 505, receipt number AGANDC-11714001. Transcript Order Form due on 4/20/2022 (Crain, Norman) Modified on 4/11/2022 to include document relationship (kac).
March 21, 2022 Filing 787 AO Form 120 forwarded to Commissioner. (dmb)
March 21, 2022 Opinion or Order Filing 786 JUDGMENT in favor of Plaintiff against Defendant for infringement of Claim 3 of U.S. Patent No. 6,948,021 in the amount of $2,100,000 in damages and $472,045.20 in prejudgment interest, plus costs and post-judgment interest in the amount $5.18, accruing on a daily basis from 9/24/2021 to the date of payment. It is further ordered that judgment be and hereby is entered in favor of Defendant Dell Inc., and against Plaintiff Acceleron, LLC for non-infringement of Claim 24 and invalidity of Claims 20 and 24 of U.S. Patent No. 6,948,021. Signed by Judge Timothy C. Batten, Sr. on 3/21/2022. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(dmb)
March 18, 2022 Filing 785 NOTICE Of Filing JOINT COMPUTATION OF INTEREST by Dell, Inc. re #783 Order on Motion to Alter Judgment,,,, Order on Motion for Judgment as a Matter of Law,,,, Order on Motion for New Trial,,,, Order on Motion for Miscellaneous Relief,,, (Heyman, Paula)
March 8, 2022 Filing 784 Costs Taxed in amount of $ 127,958.02 against defendant (dmb) (Additional attachment(s) added on 3/8/2022: #1 Corrected PDF) (dmb).
March 7, 2022 Opinion or Order Filing 783 ORDER denying #759 Motion for Judgment as a Matter of Law and #760 Motion for New Trial; granting in part and denying in part #756 Motion to Alter Judgment and #775 Motion to Reduce the Bill of Costs. Acceleron's bill of costs is reduced as discussed, and costs are awarded in the amount of $127,958.02. See order for breakdown of costs. The parties are ordered to file a joint computation of interest by 3/18/2022. Post judgment interest shall be calculated pursuant to 28 U.S.C. 1961 at the rate specified therein. Prejudgment interest shall be calculated based on the average of the prime rate and Treasury bill rate, variable over time, compounded annually, from 11/28/2012, to 9/23/2021. Signed by Judge Timothy C. Batten, Sr. on 3/7/2022. (dmb)
February 24, 2022 Defendant's exhibits #745 from the Jury Trial held September 8-22, 2021, were destroyed as directed in #749 Exhibit Return Notification (mec)
January 12, 2022 Opinion or Order Filing 782 ORDER granting #777 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 1/12/2022. (dmb)
January 10, 2022 Submission of #780 Response in Opposition to Motion, #775 Motion to Deny or Reduce Bill of Costs, #781 Reply to Response to Motion to District Judge Timothy C. Batten Sr. (dmb)
January 7, 2022 Filing 781 REPLY to Response to Motion re #775 Motion to Deny or Reduce Bill of Costs filed by Dell, Inc., Dell, Inc.. (Attachments: #1 Exhibit A - Pretrial Conf. Hearing Transcript)(Meek, Kevin)
December 14, 2021 Filing 780 RESPONSE in Opposition re #775 Motion to Deny or Reduce Bill of Costs Acceleron's Response in Opposition to Dell's Motion to Deny or Reduce Acceleron's Bill of Costs filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Declaration of N. Andrew Crain, #2 Exhibit B - Itemized Invoices from Huseby)(Crain, Norman)
December 7, 2021 Opinion or Order Filing 779 ORDER granting #778 Motion for Extension of Time to respond to #775 Motion to Deny or Reduce Bill of Costs. Signed by Judge Timothy C. Batten, Sr. on 12/7/2021. (dmb)
December 6, 2021 Filing 778 Consent MOTION for Extension of Time to respond to #775 MOTION TO DENY OR REDUCE ACCELERON'S BILL OF COSTS by Acceleron, LLC. (Crain, Norman) Modified docket text on 12/7/2021 (dmb).
December 3, 2021 Plaintiff's Exhibits #744 from the Jury Trial held 9/8-22/21 were destroyed as directed in #749 Exhibit Return Notification (mec)
November 24, 2021 Submission of #777 MOTION for Leave to File Matters Under Seal re: #776 Notice of Filing, Brief ISO Dell's Motion to Deny or Reduce ACC Bill of Costs to District Judge Timothy C. Batten Sr.. (dmb)
November 23, 2021 Filing 777 MOTION for Leave to File Matters Under Seal re: #776 Notice of Filing, Brief ISO Dell's Motion to Deny or Reduce ACC Bill of Costs with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
November 23, 2021 Filing 776 SEALED NOTICE Of Filing Brief ISO Dell's Motion to Deny or Reduce ACC Bill of Costs by Dell, Inc. re #775 Notice of Filing,, (Attachments: #1 Exhibit D - [SEALED] 2019-04-01 Expert Report and Exhibits of Michael K)(Meek, Kevin) Modified docket text on 1/12/2022 (dmb).
November 23, 2021 Filing 775 MOTION TO DENY OR REDUCE ACCELERON'S BILL OF COSTS by Dell, Inc. re #762 Bill of Costs,, (Attachments: #1 Brief [REDACTED] Brief ISO Dell's Mtn to Deny or Reduce ACC Bill of Costs, #2 Exhibit A - 2013-06-28 Disclosure of Infringement Contentions, #3 Exhibit B - Excerpt of Trial Transcript from Day 4, #4 Exhibit C - Excerpt of Trial Transcript from Day 8, #5 Exhibit D - [PUBLIC COVERl], #6 Exhibit E - Transcript Costs Potentially Allowable under 1920)(Meek, Kevin) Modified event and docket text on 12/7/2021 (dmb).
November 23, 2021 Submission of #760 MOTION for New Trial , #759 MOTION for Judgment as a Matter of Law , #756 MOTION to Alter #738 Judgment, #750 Judgment to District Judge Timothy C. Batten Sr.. (dmb)
November 18, 2021 Filing 774 REPLY to Response to Motion re #759 MOTION for Judgment as a Matter of Law filed by Dell, Inc.. (Attachments: #1 Exhibit A - Day 5 Part 1, #2 Exhibit B - Day 5 Part 2, #3 Exhibit C - Day 5 Part 3, #4 Exhibit D - Day 6 rough, #5 Exhibit E - Day 7 rough, #6 Exhibit F - Day 8 Rough, #7 Exhibit G - _PTAB-IPR2013-00440-41)(Meek, Kevin)
November 18, 2021 Filing 773 REPLY to Response to Motion re #760 MOTION for New Trial Acceleron's Reply in Support of Its Motion for a New Trial Under Rule 59(A) filed by Acceleron, LLC. (Attachments: #1 Exhibit A - WesternGeco v. ION, #2 Exhibit B - Arctic Cat v. Bombardier, #3 Exhibit C - WCM v. IPS, #4 Exhibit D - Excerpt from Trial Transcript, Day 1)(Crain, Norman)
November 18, 2021 Filing 772 REPLY to Response to Motion re #756 MOTION to Alter #738 Judgment, #750 Judgment,, Acceleron's Reply in Support of Its Motion to Alter or Amend Judgment to Include Pre- and Post-Judgment Interest filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Insituform Slip Opinion)(Crain, Norman)
November 16, 2021 Filing 771 Costs Taxed in amount of $ 402,925.27 against Defendant (dmb)
November 10, 2021 Filing 770 NOTICE Of Filing CERTIFICATE OF CONSENT TO WITHDRAW COUNSEL OF RECORD - BAILEY WATKINS by Dell, Inc. (Meek, Kevin)
November 10, 2021 Filing 769 NOTICE Of Filing CERTIFICATION OF CONSENT TO WITHDRAW COUNSEL OF RECORD - VALERIE BARKER by Dell, Inc. (Meek, Kevin)
November 10, 2021 Opinion or Order Filing 768 ORDER granting #763 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 11/10/2021. (dmb)
November 10, 2021 Opinion or Order Filing 767 ORDER granting #758 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 11/10/2021. (dmb)
November 9, 2021 Submission of #758 MOTION for Leave to File Matters Under Seal re: #757 Notice of Filing, Acceleron's Brief in Support of Its Motion to Amend or Alter Judgment to Include Pre- and Post-Judgment Interest to District Judge Timothy C. Batten Sr. (dmb)
November 4, 2021 Filing 766 RESPONSE in Opposition re #760 MOTION for New Trial filed by Dell, Inc.. (Attachments: #1 Exhibit A Day 3, #2 Exhibit B Day 5 Part 1, #3 Exhibit C Day 5 Part 2, #4 Exhibit D Day 7 rough, #5 Exhibit E Day 8 Rough, #6 Exhibit F (Erfindergemeinshcaft letter), #7 Exhibit G (2021-09-07 Crain Email to Baber), #8 Exhibit H (pretrial conference))(Meek, Kevin)
November 4, 2021 Filing 765 RESPONSE in Opposition re #759 MOTION for Judgment as a Matter of Law filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Casey Video Clips, #2 Exhibit B - Dube Video Clips, #3 Exhibit C - Trial Transcript, Day 6 (Rough Draft), #4 Exhibit D - Excerpts from the 10-13-2017 Deposition of Dr. William Michalson)(Gravois, Robert)
November 4, 2021 Filing 764 RESPONSE in Opposition re #756 MOTION to Alter #738 Judgment, #750 Judgment,, filed by Dell, Inc.. (Attachments: #1 Exhibit A Day 5 Part 1, #2 Exhibit B Day 7, #3 Exhibit C Day 8, #4 Exhibit D (calculations), #5 Exhibit E (Hologic v Minerva - Expert Decl))(Meek, Kevin)
October 27, 2021 Submission of #763 MOTION for Leave to File Matters Under Seal re: #761 Notice of Filing,, Regarding Acceleron's Brief in Support of Its Motion for a New Trial Under Rule 59(a) and Accompanying Exhibits to District Judge Timothy C. Batten Sr. (dmb)
October 26, 2021 Filing 763 MOTION for Leave to File Matters Under Seal re: #761 Notice of Filing,, Regarding Acceleron's Brief in Support of Its Motion for a New Trial Under Rule 59(a) and Accompanying Exhibits with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion to File Under Seal Re_DKT. 761, #2 Text of Proposed Order)(Crain, Norman)
October 25, 2021 Filing 762 BILL OF COSTS by Acceleron, LLC. (Attachments: #1 Exhibit A - Filing Fee, #2 Exhibit B - Invoices for Service of Subpoenas, #3 Exhibit C - Invoices for Deposition and Trial Transcripts, #4 Exhibit D - Invoices for Copies, #5 Exhibit E - Invoices from Court Appointed Special Master, William Needle, #6 Exhibit F - Invoices from Legal Tech Services for Trial Boards, #7 Exhibit G - Invoices from Epiq, #8 Exhibit H - Invoices from Mediator, Karl Bayer)(Crain, Norman)
October 21, 2021 Filing 761 SEALED NOTICE Of Filing Acceleron's Motion for a New Trial by Acceleron, LLC (Attachments: #1 Exhibit A1 - 09-14-21 Trial Transcript Day 5_Part 1, #2 Exhibit A2 - 09-14-21 Trial Transcript Day 5_Part 2, #3 Exhibit A3 - 09-14-21 Trial Transcript Day 5_Part 3, #4 Exhibit B - 09-13-21 Trial Transcript Day 4, #5 Exhibit C - 09-10-21 Trial Transcript Day 3, #6 Exhibit D - Milani Supplemental Demonstratives, #7 Exhibit E - 09-16-21 Trial Transcript Day 7, #8 Exhibit F - 09-17-21 Trial Transcript Day 8)(Crain, Norman) Modified on 11/10/2021 (dmb).
October 21, 2021 Filing 760 MOTION for New Trial with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief (REDACTED) in Support of Acceleron's Motion for a New Trial Under Rule 59(a), #2 Exhibit A - FILED UNDER SEAL, #3 Exhibit B - FILED UNDER SEAL, #4 Exhibit C - FILED UNDER SEAL, #5 Exhibit D - FILED UNDER SEAL, #6 Exhibit E - FILED UNDER SEAL, #7 Exhibit F - FILED UNDER SEAL)(Crain, Norman)
October 21, 2021 Filing 759 MOTION for Judgment as a Matter of Law with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion, #2 Exhibit A - Trial Tr. Day 4, #3 Exhibit B - Trial Tr. Day 5, Part 1, #4 Exhibit C - Trial Tr. Day 5, Part 2, #5 Exhibit D - Trial Tr. Day 5, Part 3, #6 Exhibit E - Trial Tr. Day 6, #7 Exhibit F - Trial Tr. Day 7, #8 Exhibit G - Trial Tr. Day 8, #9 Exhibit H - Trial Tr. Day 9)(Meek, Kevin)
October 21, 2021 Filing 758 MOTION for Leave to File Matters Under Seal re: #757 Notice of Filing, Acceleron's Brief in Support of Its Motion to Amend or Alter Judgment to Include Pre- and Post-Judgment Interest with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to File Matters Under Seal Re_Dkt. 757 and 757.1, #2 Text of Proposed Order)(Crain, Norman)
October 21, 2021 Filing 757 SEALED NOTICE Of Filing Acceleron's Motion to Amend or Alter Judgment to Include Pre- and Post-Judgment Interest by Acceleron, LLC (Attachments: #1 Exhibit A - Excerpts from the 09-16-2021 Trial Transcript (Rough Draft))(Crain, Norman) Modified on 11/10/2021 (dmb).
October 21, 2021 Filing 756 MOTION to Alter #738 Judgment, #750 Judgment,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief (REDACTED) in Support of Acceleron's Motion to Alter or Amend Judgment to Include Pre- and Post-Judgment Interest, #2 Exhibit A - FILED UNDER SEAL, #3 Exhibit B - Exemplary Pre-Judgment Interest Calculation, #4 Exhibit C - Federal Prime Rate)(Crain, Norman)
October 12, 2021 Opinion or Order Filing 755 ORDER granting #754 Motion to Seal Trial Exhibits. See order for list of exhibits. Signed by Judge Timothy C. Batten, Sr. on 10/12/2021. (dmb)
October 8, 2021 Filing 754 NOTICE by Dell, Inc. JOINTMOTION TO SEAL TRIAL EXHIBITS (Attachments: #1 Brief ISO Joint Motion to Seal TRIAL EXHIBITS, #2 Text of Proposed Order)(Meek, Kevin) Modified on 10/12/2021 (dmb).
October 4, 2021 Opinion or Order Filing 753 ORDER granting #730 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 10/4/2021. (dmb)
October 4, 2021 Filing 752 AO Form 120 forwarded to Commissioner. (dmb)
October 1, 2021 Opinion or Order Filing 751 ORDER granting #717 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 10/1/2021. (dmb)
September 29, 2021 Filing 750 AMENDED JUDGMENT in favor of Plaintiff Acceleron for infringement of Claim 3 of U.S. Patent No. 6,948,021 in the amount of $2,100,000.00 in damages. Judgment is entered in favor of Defendant Dell Inc., and against Plaintiff Acceleron, LLC for non-infringement of claim 24 and invalidity of Claims 20 and 24 of U.S. Patent No. 6,948,021. Signed by Judge Timothy C. Batten, Sr. on 9/29/2021. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(dmb) Modified on 10/4/2021 (dmb).
September 24, 2021 Filing 749 NOTICE TO COUNSEL OF RECORD regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #744 Exhibits, #745 Exhibits, 748 Exhibits-Sealed. (tcc)
September 24, 2021 Filing 747 EXHIBITS AUDIO/VIDEO (BLACK FLASH DRIVE DFT'S EXHIBITS 24, 42,145, 30, 42, 48, 874, 877,481, 398, 732, 200, 465, 734 260, 267, 762, 774, 766, 737, 772, 767, 154, 155, 166, 167, 717, 648, 718, 729, 714, 87, 110, 84, 78, 79, 86, 111, 83, 112, 148, 876, 863, 7, 13, 8, 127, 190, 199, 142, 223, 236, 897, 40, 53, 695, 692, 876, 701, 704, 706, 707, 774) admitted and retained at the #734 Jury Trial, #719 Jury Trial, #720 Jury Trial, #732 Jury Trial, #714 Jury Trial, #725 Jury Trial, #713 Jury Trial, #736 Jury Trial, have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 BLACK FLASH DRIVE DFT'S EXHIBITS 24, 42,145, 30, 42, 48, 874, 877,481, 398, 732, 200, 465, 734 260, 267, 762, 774, 766, 737, 772, 767, 154, 155, 166, 167, 717, 648, 718, 729, 714, 87, 110, 84, 78, 79, 86, 111, 83, 112, 148, 876, 863, 7, 13, 8, 127, 190, 199, 142, 223, 236, 897, 40, 53, 695, 692, 876, 701, 704, 706, 707, 774)(tcc)
September 24, 2021 Filing 746 EXHIBITS AUDIO/VIDEO (RED FLASH DRIVE PLTF'S EXHIBITS 476, 454, 472, 486, 1079, 1080, 427, 429, 428, 251, 250, 247, 248, 1086, 278, 257, 263, 264, 258, 279, 282, 1083, 346, 1075, io88, io8i, 1082, 1083, 1084, 1085, io86, 1087, 103, 6, 83, 8, 40, 41, 6 37, 3, 82, 35, 38, 106, 107, 101, 114, 46, 9, 44, 1375, 69, 103, 533, 100, 212, 225, 224, 222, 206, 203, 194, 193, 192, 197, 234, 17, 48, 1373, 364) admitted and retained at the #734 Jury Trial, #719 Jury Trial, #720 Jury Trial, #732 Jury Trial, #714 Jury Trial, #725 Jury Trial, #713 Jury Trial, #736 Jury Trial, have been received from Courtroom Deputy and placed in the custody of the Records Clerks.. (Attachments: #1 RED FLASH DRIVE PLTF'S EXHIBITS 476, 454, 472, 486, 1079, 1080, 427, 429, 428, 251, 250, 247, 248, 1086, 278, 257, 263, 264, 258, 279, 282, 1083, 346, 1075, io88, io8i, 1082, 1083, 1084, 1085, io86, 1087, 103, 6, 83, 8, 40, 41, 6 37, 3, 82, 35, 38, 106, 107, 101, 114, 46, 9, 44, 1375, 69, 103, 533, 100, 212, 225, 224, 222, 206, 203, 194, 193, 192, 197, 234, 17, 48, 1373, 364)(tcc)
September 24, 2021 Filing 745 EXHIBITS (Dft Ex 93, 116, 665, 659, 658, 245, 244, 96, 656, 281) admitted and retained at the #720 Jury Trial, #714 Jury Trial, #725 Jury Trial, #713 Jury Trial, #734 Jury Trial, #719 Jury Trial, #732 Jury Trial - Continued, #736 Jury Trial, have been received from Courtroom Deputy and placed in the custody of the Records Clerks.. (Attachments: #1 Dft Ex 93, #2 Dft Ex 116, #3 Dft Ex 665, #4 Dft Ex 659, #5 Dft Ex 658, #6 Dft Ex 245, #7 Dft Ex 244, #8 Dft Ex 96, #9 Dft Ex 656, #10 Dft Ex 281)(tcc)
September 24, 2021 Filing 744 EXHIBITS (Pltf Ex 1, 2, 5, 10, 12, 15, 16, 45, 65, 104, 1208) admitted and retained at the #720 Jury Trial, #714 Jury Trial, #725 Jury Trial, #713 Jury Trial, #734 Jury Trial, #719 Jury Trial, #732 Jury Trial - Continued, #736 Jury Trial, have been received from Courtroom Deputy and placed in the custody of the Records Clerks.. (Attachments: #1 Cover Sheet, #2 Pltf Ex 1, #3 Pltf Ex 1 continued, #4 Pltf Ex 2, #5 Pltf Ex 5, #6 Pltf Ex 5 continued, #7 Pltf Ex 10, #8 Pltf Ex 12, #9 Pltf Ex 15, #10 Pltf Ex 15 continued, #11 Pltf Ex 16, #12 Pltf Ex 45, #13 Pltf Ex 65, #14 Pltf Ex 65 continued, #15 Pltf Ex 104, #16 Pltf Ex 104 continued, #17 Pltf Ex 1208)(tcc)
September 24, 2021 Filing 743 Exhibit and Witness List by Acceleron, LLC, Dell, Inc.. (tcc)
September 24, 2021 Filing 742 JURY VERDICT for Plaintiff in the amount of $$2,100,000.00. (tcc)
September 24, 2021 Filing 741 Jury Notes. (tcc)
September 24, 2021 Filing 740 Court's Instructions to the Jury.(tcc)
September 23, 2021 Filing 739 AO Form 120 forwarded to Commissioner. (dmb)
September 23, 2021 Filing 738 JUDGMENT in favor of Plaintiff against Defendant in the amount of $2,100,000.00. Signed by Judge Timothy C. Batten, Sr. on 9/23/2021. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(dmb)
September 23, 2021 Civil Case Terminated. (dmb)
September 22, 2021 Filing 737 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Jury Trial concluded on 9/22/2021. (Court Reporter Lori Burgess)(dmb)
September 20, 2021 Filing 736 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Jury Trial continued on 9/20/2021. Defendants exhibit 774 and Plaintiffs exhibit 364 admitted. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Lori Burgess)(dmb)
September 20, 2021 Opinion or Order Filing 735 ORDER granting #701 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/20/2021. (dmb)
September 19, 2021 Opinion or Order Filing 733 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM for duration of trial. Signed by Judge Timothy C. Batten, Sr. on 09/19/2021. (usw)
September 17, 2021 Filing 734 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: The Court GRANTED Dell's renewed #726 motion in limine 15. The Court GRANTED Acceleron's request #727 for a jury instruction regarding the dismissal of Dell's unclean hands defense but DENIED its request for a curative instruction regarding evidence of the Acceleron entities and Mr. Pattillo. The Court GRANTED Acceleron's motion #728 for reconsideration in part, allowing Acceleron to choose one revised damages period to present on rebuttal. The Court denied Dells motions for judgment as a matter of law as to invalidity, direct infringement, indirect infringement. The Court denied Accelerons motions for judgment as a matter of law as to invalidity Jury Trial continued on 9/17/2021. Plaintiffs exhibits 234, 17, 48, 1208, and 1373 admitted. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Lori Burgess)(dmb)
September 17, 2021 Filing 731 NOTICE of Appearance by Andrea Nguyen Bonner on behalf of Acceleron, LLC (Bonner, Andrea)
September 17, 2021 Filing 730 MOTION for Leave to File Matters Under Seal re: #729 Notice of Filing, MOTION for Reconsideration TO ALLOW TESTIMONY ON SECOND NARROWED DAMAGES TIME PERIOD with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Under Seal, #2 Text of Proposed Order)(Crain, Norman)
September 17, 2021 Filing 729 SEALED NOTICE Of Filing by Acceleron, LLC re #728 MOTION for Reconsideration TO ALLOW TESTIMONY ON SECOND NARROWED DAMAGES TIME PERIOD (Attachments: #1 Exhibit A - Declaration of Michael Milani)(Crain, Norman)
September 17, 2021 Filing 728 MOTION for Reconsideration TO ALLOW TESTIMONY ON SECOND NARROWED DAMAGES TIME PERIOD by Acceleron, LLC. (Attachments: #1 Exhibit A - Declaration of Michael Milani)(Crain, Norman)
September 17, 2021 Filing 727 NOTICE Of Filing ACCELERONS REQUEST FOR A JURY INSTRUCTION REGARDING THE DISMISSAL OF DELLS UNCLEAN HANDS DEFENSE, AND FOR A CURATIVE INSTRUCTION REGARDING EVIDENCE REGARDING THE ACCELERON ENTITIES AND ROBERT PATTILLO by Acceleron, LLC (Crain, Norman) Modified on 9/20/2021 (dmb).
September 16, 2021 ORAL MOTION for Reconsideration as to willfulness by Acceleron, LLC. (dmb)
September 16, 2021 Filing 732 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: denying Acceleron's oral motion for reconsideration as to willfulness ; Jury Trial continued on 9/16/2021. Defendants exhibits 190, 199, 142, 223, 236, 897, 281, 40, 53, 695, 692, 876,701, 704, 706, and 707 admitted. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Lori Burgess)(dmb) Modified docket entry relationship and text on 9/20/2021 (dmb).
September 16, 2021 Filing 726 NOTICE Of Filing Dell's Renewed Motion in Limine No. 15 and Request for Limiting Instruction by Dell, Inc. (Meek, Kevin) Modifiedevent on 9/20/2021 (dmb).
September 15, 2021 Filing 725 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Jury Trial continued on 9/15/2021. Defendants exhibits 93, 154, 155, 166, 167, 244, 245, 717, 96, 648, 718, 729, 714, 659, 665, 656, 658, 87, 110, 84, 78, 79, 86, 111, 116, 83, and 112 admitted. Plaintiffs exhibits 212, 225, 224, 222, 206, 203, 194, 193, 192, and 197 admitted. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Lori Burgess)(dmb)
September 15, 2021 Filing 724 NOTICE Of Filing Request for Curative Instruction and Special Verdict Interrogatory by Dell, Inc. (Attachments: #1 Exhibit Exh A Acceleron's Opening Demonstrative Slides)(Meek, Kevin)
September 15, 2021 Opinion or Order Filing 723 ORDER granting #692 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/15/2021. (dmb)
September 15, 2021 Opinion or Order Filing 722 ORDER granting #688 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/15/2021. (dmb)
September 15, 2021 Opinion or Order Filing 721 ORDER granting #684 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/15/2021. (dmb)
September 14, 2021 Filing 720 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Jury Trial continued on 9/14/2021. Defendants exhibits 200, 260, 267, 398, 465, 481, 732, 734, 737, 762, 766, 767, 772, 774 admitted. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Lori Burgess)(dmb)
September 14, 2021 Filing 719 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: granting #715 Motion in Limine; denying #718 Motion in Limine; Jury Trial continued on 9/14/2021(Exhibits retained to be forwarded to the Clerks Office.). (Court Reporter Lori Burgess)(jkb)
September 12, 2021 Filing 718 MOTION in Limine RENEWED MIL TO EXCLUDE TESTIMONY OF DR. HORST by Dell, Inc.. (Attachments: #1 Exhibit A - Acceleron Depo Designations, #2 Exhibit B - Horst Exhibit 2, #3 Exhibit C - Dell Objections to ACC's 9.7, #4 Exhibit D - 2018-06-14 ACC 2nd Supp)(Meek, Kevin)
September 12, 2021 Filing 717 MOTION for Leave to File Matters Under Seal re: #716 Notice of Filing with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
September 12, 2021 Filing 716 SEALED NOTICE Of Filing MIL on Reasonable Royalty by Dell, Inc. re #715 MOTION in Limine REASONABLE ROYALTY (Attachments: #1 Exhibit A - Milani Exhibit 3)(Meek, Kevin) (dmb).
September 12, 2021 Filing 715 MOTION in Limine REASONABLE ROYALTY by Dell, Inc.. (Attachments: #1 Exhibit A ISO of Motion - FILED UNDER SEAL)(Meek, Kevin)
September 10, 2021 Filing 714 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Jury Trial continued on 9/10/2021. Dells exhibits 24, 42, and 145 admitted. Dells exhibits 30, 42, and 48 admitted. Acceleron exhibits 427, 428, 429 admitted. Dells exhibits 874, 877 admitted. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Lori Burgess)(jkb)
September 9, 2021 Filing 713 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Jury Trial continued on 9/9/2021. Acceleron exhibits 476, 454, 472, 486, 1079 and 1080 admitted. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Lori Burgess)(jkb)
September 8, 2021 Filing 712 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Jury Trial began on 9/8/2021. (Court Reporter Lori Burgess)(jkb)
September 8, 2021 Opinion or Order Filing 711 PRETRIAL ORDER Signed by Judge Timothy C. Batten, Sr. on 9/8/2021. (dmb)
September 8, 2021 Filing 710 TRIAL BRIEF by Acceleron, LLC. (Gravois, Robert)
September 8, 2021 Opinion or Order Filing 709 ORDER regarding authenticity of documents. Signed by Judge Timothy C. Batten, Sr. on 9/8/2021. (dmb)
September 8, 2021 Opinion or Order Filing 708 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on September 8th through 18th, 2021. Signed by Judge Timothy C. Batten, Sr. on 09/08/2021. (usw)
September 8, 2021 Filing 707 Proposed Pretrial Order by Acceleron, LLC. (Attachments: #1 Exhibit Attachment I-1 - Acceleron's Revised Proposed Verdict Form)(Maurer, Eric)
September 7, 2021 Opinion or Order Filing 706 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on September 7-17, 2021. Signed by Judge Timothy C. Batten, Sr. on 09/07/2021. (usw)
September 7, 2021 Opinion or Order Filing 705 ORDER: Acceleron will not be permitted to present evidence or testimony at trial of a conception date earlier that 8/31/2000. Signed by Judge Timothy C. Batten, Sr. on 9/7/2021. (dmb)
September 7, 2021 Opinion or Order Filing 704 ORDER denying Dell's #699 Request for a Jury instruction limiting the time period for indirect infringement damages. Signed by Judge Timothy C. Batten, Sr. on 9/7/2021. (dmb)
September 7, 2021 Submission of #701 MOTION for Leave to File Matters Under Seal re: #700 Notice of Filing to District Judge Timothy C. Batten Sr. (dmb)
September 3, 2021 Filing 701 MOTION for Leave to File Matters Under Seal re: #700 Notice of Filing with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
September 3, 2021 Submission of #701 MOTION for Leave to File Matters Under Seal re: #700 Notice of Filing to District Judge Timothy C. Batten Sr. (dmb)
September 2, 2021 Filing 702 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Pretrial Conference held on 9/2/2021. (Court Reporter Lori Burgess)(dmb)
September 2, 2021 Filing 700 PROVISIONALLY SEALED NOTICE Of Filing Dell's Brief Regarding Untimely Conception and Priority Date Disclosure by Dell, Inc. by Dell, Inc. re #697 Notice of Filing,,, [SEALED] Exhibit H (Meek, Kevin)
September 2, 2021 Filing 699 NOTICE Of Filing Dell Brief re Indirect Infringement Statute of Limitations by Dell, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Meek, Kevin)
September 2, 2021 Filing 698 NOTICE Of Filing Notice of Acceleron's Response to Court's Directive by Acceleron, LLC to File Briefing on the Issue of Acceleron's Right to Assert a Prior Conception Date (Gravois, Robert)
September 2, 2021 Filing 697 NOTICE Of Filing Dell's Brief Regarding Untimely Conception and Priority Date Disclosure by Dell, Inc. (Attachments: #1 Exhibit Ex A - 2013-06-28 Disclosure of Infringement Contentions, #2 Exhibit Ex B - 2017-06-16 Disclosure of Infringement Contentions, #3 Exhibit Ex C - 2018-10-01 Amended Infringement Contentions, #4 Exhibit Ex D - Acceleron's Second Amended Infringement Contentions, #5 Exhibit Ex E - 2019-02-12 Acceleron's Third Amended Infringement Contentions, #6 Exhibit Ex F - 2017-07-19 Dell 1st ROGs to ACC [1-10], #7 Exhibit Ex G - 2017-08-18 ACC Responses to Dell's 1st ROGs [1-10], #8 Exhibit Ex H - Derrico Exhibit 8, #9 Exhibit Ex I - 2014-04-09 023 Patent Owner Response)(Meek, Kevin)
September 2, 2021 Filing 696 NOTICE Of Filing Acceleron's Response to the Court's Directive by Acceleron, LLC to File Briefing on the Issue of Anza Tech v. Mushkin, Inc. (Attachments: #1 Exhibit A - Pages from Ex. 1, M1000e Infringement Contentions Claim Chart, #2 Exhibit B - Acceleron's First Requests for Production of Documents to Dell)(Crain, Norman)
September 2, 2021 Filing 695 NOTICE by Dell, Inc. Notice of Change of Address (Flake, Andrew)
September 2, 2021 Submission of #692 MOTION for Leave to File Matters Under Seal re: #691 Reply to Response to Motion, to District Judge Timothy C. Batten Sr. (dmb)
September 1, 2021 Opinion or Order Filing 694 ORDER DENYING Dell's renewed #682 Motion to Exclude the opinions of Michael Milani and renewed motion in limine. Signed by Judge Timothy C. Batten, Sr. on 09/01/2021. (usw)
September 1, 2021 Opinion or Order Filing 693 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 9/2/2021 at 10:00AM. Signed by Judge Timothy C. Batten, Sr. on 9/1/2021. (dmb)
September 1, 2021 MINUTE ORDER granting Lauren J. Dreyer's #681 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Chief Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
August 31, 2021 Filing 692 MOTION for Leave to File Matters Under Seal re: #691 Reply to Response to Motion, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
August 31, 2021 Filing 691 SEALED REPLY to Response to Motion re #682 MOTION to Exclude OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENTAL AUTHORITY DECIDED AUGUST 26, 2021 filed by Dell, Inc., Dell, Inc., Dell, Inc.. (Meek, Kevin) Modified on 9/15/2021 (dmb).
August 31, 2021 Filing 690 REPLY to Response to Motion re #682 MOTION to Exclude OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENTAL AUTHORITY DECIDED AUGUST 26, 2021 - [REDACTED] filed by Dell, Inc., Dell, Inc., Dell, Inc.. (Attachments: #1 Exhibit A - MLC Appeal Reply Brief)(Meek, Kevin)
August 31, 2021 Submission of #688 MOTION for Leave to File Matters Under Seal re: #687 Response in Opposition to Motion,, to Exclude Opinions of Michael Milani to District Judge Timothy C. Batten Sr. (dmb)
August 30, 2021 Filing 689 Proposed Pretrial Order Consolidated by Acceleron, LLC. (Attachments: #1 Exhibit Attachments A and B - Jury Questions, #2 Exhibit Attachment C - Plaintiff's Outline of the Case, #3 Exhibit Attachment D - Defendant's Outline of the Case, #4 Exhibit Attachment E - Joint Stipulated Facts, #5 Exhibit Attachment F-1 - Acceleron's Witness List, #6 Exhibit Attachment F-2 - Dell's Witness List, #7 Exhibit Attachment G-1 - Acceleron's Exhibit List and Dell's Objections, #8 Exhibit Attachment G-2 - Dell's Exhibit List and Acceleron's Objections, #9 Exhibit Attachment I-1 - Acceleron's Proposed Verdict Form, #10 Exhibit Attachment I-2 - Dell's Proposed Verdict Form, #11 Exhibit Attachment K - Proposed Order Regarding Authenticity)(Crain, Norman)
August 30, 2021 Filing 688 MOTION for Leave to File Matters Under Seal re: #687 Response in Opposition to Motion,, to Exclude Opinions of Michael Milani with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
August 30, 2021 Filing 687 SEALED RESPONSE in Opposition re #682 MOTION to Exclude OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENTAL AUTHORITY DECIDED AUGUST 26, 2021 filed by Acceleron, LLC. (Attachments: #1 Exhibit B - Excerpts from the 10/12/2017 Deposition of Shawn Dube, #2 Exhibit C - Excerpts from the 07/18/2017 Deposition of Stephen Rousset, #3 Exhibit D - Excerpts from the 06/28/2018 Deposition of Babu Chandrasekhar, #4 Exhibit E - Excerpts from the 11/10/2017 Deposition of Greg Casey)(Crain, Norman) Modified on 9/15/2021 (dmb).
August 30, 2021 Filing 686 RESPONSE in Opposition re #682 MOTION to Exclude OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENTAL AUTHORITY DECIDED AUGUST 26, 2021 filed by Acceleron, LLC. (Attachments: #1 Exhibit A - MLC v. Micron Slip Opinion, #2 Exhibit B - FILED UNDER SEAL, #3 Exhibit C - FILED UNDER SEAL, #4 Exhibit D - FILED UNDER SEAL, #5 Exhibit E - FILED UNDER SEAL)(Crain, Norman)
August 30, 2021 APPROVAL by Clerks Office re: #681 APPLICATION for Admission of Lauren J. Dreyer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11216644). Attorney Lauren J. Dreyer added appearing on behalf of Dell, Inc., Dell, Inc., Dell, Inc. (cdg)
August 30, 2021 Submission of #684 MOTION for Leave to File Matters Under Seal re: #683 Notice of Filing, BRIEF IN SUPPORT OF DEFENDANT DELL INC.'S RENEWED MOTION TO EXCLUDE THE OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENT to District Judge Timothy C. Batten Sr. (dmb)
August 28, 2021 Opinion or Order Filing 685 ORDER re #682 MOTION to Exclude OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6 filed by Dell, Inc. Acceleron is directed to respond to the motion by August 30. Dell is directed to file any reply by August 31. Signed by Judge Timothy C. Batten, Sr. on 08/28/2021. (usw)
August 27, 2021 Filing 684 MOTION for Leave to File Matters Under Seal re: #683 Notice of Filing, BRIEF IN SUPPORT OF DEFENDANT DELL INC.'S RENEWED MOTION TO EXCLUDE THE OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENTAL AUTHORITY DECIDED AUGUST 26, 2021 with Brief In Support by Dell, Inc., Dell, Inc., Dell, Inc.. (Attachments: #1 Brief ISO Motion, #2 Text of Proposed Order)(Meek, Kevin)
August 27, 2021 Filing 683 SEALED NOTICE Of Filing BRIEF IN SUPPORT OF DEFENDANT DELL INC.'S RENEWED MOTION TO EXCLUDE THE OPINIONS OF MICHAEL MILANO AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENTAL AUTHORITY DECIDED AUGUST 26, 2021 by Dell, Inc. re #682 MOTION to Exclude OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENTAL AUTHORITY DECIDED AUGUST 26, 2021 (Meek, Kevin) Modified on 9/15/2021 (dmb).
August 27, 2021 Filing 682 MOTION to Exclude OPINIONS OF MICHAEL MILANI AND RENEWED MOTION IN LIMINE NO. 6, AND OBJECTIONS, DUE TO SUPPLEMENTAL AUTHORITY DECIDED AUGUST 26, 2021 with Brief In Support by Dell, Inc., Dell, Inc., Dell, Inc.. (Attachments: #1 Brief [REDACTED] ISO Motion, #2 Exhibit A - ISO Motion)(Meek, Kevin)
August 26, 2021 Filing 681 APPLICATION for Admission of Lauren J. Dreyer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11216644).by Dell, Inc.. (Ragland, William) Documents for this entry are not available for viewing outside the courthouse.
July 15, 2021 MINUTE ORDER granting #680 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Chief Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
July 15, 2021 APPROVAL by Clerks Office re: #680 APPLICATION for Admission of Mark Speegle Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11093158).. Attorney Mark Speegle added appearing on behalf of Dell, Inc., Dell, Inc., Dell, Inc. (nmb)
July 8, 2021 Filing 680 APPLICATION for Admission of Mark Speegle Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11093158).by Dell, Inc.. (Ragland, William) Documents for this entry are not available for viewing outside the courthouse.
May 28, 2021 Filing 679 NOTICE by Dell, Inc. Certificate of Consent to Withdraw Jennifer Librach Nall as Counsel of Record (Heyman, Paula)
March 10, 2021 Opinion or Order Filing 678 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI)
January 28, 2021 Opinion or Order Filing 677 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)
January 28, 2021 Notification of Docket Correction re Notice setting Trial. (usw)
January 27, 2021 NOTICE setting Trial: Pretrial Conference set for 9/2/2021 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Jury Trial set for 9/8/2021 at 09:30 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. (usw) Modified on 1/28/2021 to update docket text. (usw).
January 12, 2021 Filing 676 Notice for Leave of Absence for the following date(s): June 10, 2021, June 16-18, 2021, June 28-July 2, 2021, July 29-30, 2021, August 2-6, 2021, August 9, 2021, by Kevin Meek. (Meek, Kevin)
December 9, 2020 Opinion or Order Filing 675 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI)
November 24, 2020 Opinion or Order Filing 674 ORDER denying #671 Motion for Leave to take the depositions of Erika Norwood and Laura Putz. Signed by Judge Timothy C. Batten, Sr. on 11/24/2020. (dmb)
November 18, 2020 Submission of #671 MOTION for Leave to Take Depositions to District Judge Timothy C. Batten Sr. (dmb)
November 17, 2020 Filing 673 REPLY to Response to Motion re #671 MOTION for Leave to Take Depositions filed by Dell, Inc.. (Attachments: #1 Exhibit A - Email between Counsel re Depositions)(Heyman, Paula)
November 3, 2020 Filing 672 RESPONSE in Opposition re #671 MOTION for Leave to Take Depositions filed by Acceleron, LLC. (Gravois, Robert)
October 20, 2020 Filing 671 Motion for Leave to Take Depositions by Dell, Inc. DELL'S MOTION FOR LEAVE TO TAKE THE DEPOSITIONS OF MS. ERIKA NORWOOD AND MS. LAURA PUTZ (Attachments: #1 Brief)(Heyman, Paula) Modified on 11/3/2020 to correct event type (dmb).
October 13, 2020 Opinion or Order Filing 670 ORDER granting in part and denying in part #644 Acceleron's Motion for Reconsideration. Court grants the motion as to Dell's motion #507 in limine and denies Dell's motion in limine 11 to preclude any testimony at trial by Norwood or Putz. The motion is denied as to Acceleron's motion #511 in limine 9 to preclude Dell from presenting its unclean hands defense but granted to the extent Acceleron seeks clarification as to whether the issue should be presented in front of the jury. Signed by Judge Timothy C. Batten, Sr. on 10/13/20. (rsh)
October 9, 2020 Opinion or Order Filing 669 ORDER granting #667 Motion for Leave to File Matters Under Seal. #665 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 10/9/2020. (dmb)
October 9, 2020 Opinion or Order Filing 668 ORDER granting #662 Motion for Leave to File Matters Under Seal. #660 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 10/9/2020. (dmb)
October 7, 2020 Submission of #662 MOTION for Leave to File Matters Under Seal re: #660 Response in Opposition to Motion to District Judge Timothy C. Batten Sr. (dmb)
October 5, 2020 Submission of #644 MOTION for Reconsideration re #639 Order on Motion in Limine, to District Judge Timothy C. Batten Sr. (dmb)
September 29, 2020 Filing 667 MOTION for Leave to File Matters Under Seal re: #665 Notice of Filing with Brief In Support by Dell, Inc., Dell, Inc., Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
September 29, 2020 Filing 666 NOTICE Of Filing Sur-Reply by Dell, Inc. re #663 Reply to Response to Motion - jAcceleron's Reply ISO Motion for Reconsideration (Attachments: #1 Exhibit 1 - ISO Sur-Reply)(Meek, Kevin)
September 29, 2020 Filing 665 SEALED NOTICE Of Filing Sur-Reply by Dell, Inc. re #663 Reply to Response to Motion -Acceleron's Reply ISO Motion for Reconsideration (Meek, Kevin) Modified on 10/9/2020 (dmb).
September 29, 2020 Opinion or Order Filing 664 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI)
September 23, 2020 Filing 663 REPLY to Response to Motion re #644 MOTION for Reconsideration re #639 Order on Motion in Limine, filed by Acceleron, LLC. (Crain, Norman)
September 18, 2020 Filing 662 MOTION for Leave to File Matters Under Seal re: #660 Response in Opposition to Motion with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion for File Under Seal, #2 Text of Proposed Order)(Meek, Kevin)
September 18, 2020 Filing 661 RESPONSE in Opposition re #644 MOTION for Reconsideration re #639 Order on Motion in Limine, filed by Dell, Inc.. (Attachments: #1 Exhibit A - Laura Putz LinkedIn Profile (accessed 9-17-2020))(Meek, Kevin)
September 18, 2020 Filing 660 SEALED RESPONSE in Opposition re #644 MOTION for Reconsideration re #639 Order on Motion in Limine, filed by Dell, Inc.. (Meek, Kevin) Modified on 10/9/2020 (dmb).
September 15, 2020 Filing 659 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Pretrial Conference held on 9/15/2020. The response in Opposition to the Motion for Reconsideration is due 9/18/2020 and the reply is due 9/23/2020. The parties are ordered to mediate in November. Pretrial Conference set for 1/12/2021 at 10:00 AM in No Courtroom before Judge Timothy C. Batten Sr. (Court Reporter Lori Burgess)(dmb)
September 14, 2020 Opinion or Order Filing 658 ORDER granting #569 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 657 ORDER granting #633 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 656 ORDER granting #630 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 655 ORDER granting #625 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 654 ORDER granting #622 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 653 ORDER granting #619 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 652 ORDER granting #614 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 651 ORDER granting #599 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 650 ORDER granting #581 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 649 ORDER granting #566 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 648 ORDER granting #560 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Opinion or Order Filing 647 ORDER granting #635 Dell's Motion for Reconsideration. The Court overrules Dell's objections #620 to the R&R #607 and adopts as its order the R&R as to motions in limine 3 and 11. Acceleron's motions #506 in limine are granted in part. Signed by Judge Timothy C. Batten, Sr. on 9/14/20. (rsh) Modified on 9/15/2020 to correct file date (dmb).
September 14, 2020 Opinion or Order Filing 646 ORDER granting #557 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 9/14/2020. (dmb)
September 14, 2020 Filing 645 Proposed Pretrial Order - Revised September 14, 2020 by Dell, Inc.. (Attachments: #1 Exhibit Attachment A - Jury Questions, #2 Exhibit Attachment B - Proposed Voir Dire Questions, #3 Exhibit Attachment C [REDACTED] - Plaintiff's Outline of the Case, #4 Exhibit Attachment D - Defendant's Outline of the Case, #5 Exhibit Attachment E - Joint Stipulation of Facts, #6 Exhibit Attachment F-1 - Plaintiff's Witness List, #7 Exhibit Attachment F-2 - Defendant's Witness List, #8 Exhibit Attachment F-3 - Dell's Objections to Acceleron's Witness List, #9 Exhibit Attachment F-4 - Acceleron's Objections to Dell's Rebuttal Pretrial Disclosures, #10 Exhibit Attachment G-1 - Acceleron's Exhibit List (revised), #11 Exhibit Attachment G-2 - Dell's Exhibit List (revised), #12 Exhibit Attachment G-3 - Dell Objection Key, #13 Exhibit Attachment I-1 - Acceleron's Proposed Jury Verdict Form (revised), #14 Exhibit Attachment I-2 - Dell's Proposed Special Verdict Form, #15 Exhibit Attachment J-1 - Acceleron's Depo Designations (revised), #16 Exhibit Attachment J-2 - Dell's Depo Designations (revised), #17 Exhibit Attachment J-3 - Dell Objection Key, #18 Exhibit Attachment J-4 - Acceleron's Objections to Dell's Reubttal Pretrial Dislcosures, #19 Exhibit Attachment K - Joint Stipulation on Authenticity and Business Records, #20 Exhibit Attachment L - Joint Proposed and Disputed Jury Instructions (revised))(Heard, Preston)
September 11, 2020 Filing 644 MOTION for Reconsideration re #639 Order on Motion in Limine, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Partial Reconsideration of the Order on Motions in Limine)(Crain, Norman)
September 10, 2020 Opinion or Order Filing 643 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 9/15/2020. Signed by Judge Timothy C. Batten, Sr. on 9/10/2020. (dmb)
September 10, 2020 Submission of #635 MOTION for Reconsideration re #611 Order to District Judge Timothy C. Batten Sr. (dmb)
September 9, 2020 Filing 642 REPLY to Response to Motion re #635 MOTION for Reconsideration re #611 Order, filed by Dell, Inc.. (Meek, Kevin)
September 3, 2020 Filing 641 RESPONSE in Opposition re #635 MOTION for Reconsideration re #611 Order, filed by Acceleron, LLC. (Gravois, Robert)
September 2, 2020 Opinion or Order Filing 640 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (rvb) (ADI)
August 27, 2020 Opinion or Order Filing 639 ORDER ADOPTING #605 and #607 Report and Recommendation of the Special Master; GRANTING IN PART AND DENYING IN PART #506 Motion in Limine and #511 Motion in Limine. Signed by Judge Timothy C. Batten, Sr. on 8/27/2020. (adg) (adg). Modified on 8/28/2020 (adg).
August 27, 2020 Opinion or Order Filing 638 ORDER granting #562 Motion for Leave to File Matters Under Seal. Document #552 will remain permanently sealed and be replaced on the public record with the redacted version attached as Exhibit A #562 -2 to the Brief in Support of the Motion to Seal. Signed by Judge Timothy C. Batten, Sr. on 8/27/2020. (adg)
August 27, 2020 Opinion or Order Filing 637 ORDER GRANTING #561 Motion for Leave to File Matters Under Seal. Document #539 will remain permanently sealed and be replaced on the public record with the redacted version attached as Exhibit A #561 -2 to the Brief in Support of the Consent Motion to Seal. Signed by Judge Timothy C. Batten, Sr. on 8/27/2020. (adg)
August 27, 2020 Opinion or Order Filing 636 ORDER directing Acceleron to respond to thee #635 MOTION for Reconsideration re #611 Order by 9/3/2020. Dell is directed to file any reply by 9/9/2020. Signed by Judge Timothy C. Batten, Sr. on 8/27/2020. (adg)
August 25, 2020 Submission of #622 MOTION for Leave to File Matters Under Seal re: #620 Notice of Filing Dell's Objections to #607 Report and Recommendation re #511 Acceleron's Motions in Limine, #625 MOTION for Leave to File Matters Under Seal re: #624 Notice of Filing, Acceleron's Responses in Opposition to Dell's Objections to the Special Master's R&R [Doc. 605] Regarding Dell's Motions in Limine, #619 MOTION for Leave to File Matters Under Seal re: #618 Notice of Filing, Acceleron's Objections to the Special Master's Report & Recommendation [Doc. 607] Regarding Acceleron's Motions in Limine to District Judge Timothy C. Batten Sr. (dmb)
August 21, 2020 Filing 635 MOTION for Reconsideration re #611 Order, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief)(Meek, Kevin)
August 20, 2020 Submission of #614 MOTION for Leave to File Matters Under Seal re: #613 Notice of Filing, Dell's Objections to the Special Master's Report and Recommendation Re: Dell's Motions in Limine to District Judge Timothy C. Batten Sr. (dmb)
August 19, 2020 Opinion or Order Filing 634 ORDER overruling Acceleron's objections. Dell's objections are sustained as to Michalson's testimony on combination of Ketris with Jackson, but overruled as to the combination of Hipp with RLX or Ketris. Court adopts the R&R in part and rejects the R&R in part. Acceleron's motion #503 granted in part and denied in part. Signed by Judge Timothy C. Batten, Sr. on 8/19/20. (rsh)
August 13, 2020 Submission of #633 MOTION for Leave to File Matters Under Seal re: #632 Response (Non-Motion), Acceleron's Responses in Opposition to Dell's Objections to the Special Master's R&R [Doc. 607] Regarding Dell's Motions in Limine, #630 MOTION for Leave to File Matters Under Seal re: #629 Notice of Filing, , to District Judge Timothy C. Batten Sr. (dmb)
August 12, 2020 Filing 633 MOTION for Leave to File Matters Under Seal re: #632 Response (Non-Motion), Acceleron's Responses in Opposition to Dell's Objections to the Special Master's R&R [Doc. 607] Regarding Dell's Motions in Limine with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
August 12, 2020 Filing 632 SEALED RESPONSE re #621 Notice of Filing Acceleron's Responses in Opposition to Dell's Objections to the Special Master's R&R [Doc. 607] Regarding Dell's Motions in Limine filed by Acceleron, LLC. (Crain, Norman) Modified on 9/15/2020 (dmb).
August 12, 2020 Filing 631 RESPONSE re #621 Notice of Filing Acceleron's Responses in Opposition to Dell's Objections to the Special Master's R&R [Doc. 607] Regarding Dell's Motions in Limine filed by Acceleron, LLC. (Crain, Norman)
August 12, 2020 Filing 630 MOTION for Leave to File Matters Under Seal re: #629 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
August 12, 2020 Filing 629 SEALED NOTICE Of Filing RESPONSE by Dell, Inc. re #618 Notice of Filing, DELL'S RESPONSE TO #618 ACCELERON'S OBJECTIONS TO #607 SPECIAL MASTER'S REPORT AND RECOMMENDATION RE #510 ACCELERON'S MOTIONS IN LIMINE (Meek, Kevin) Modified on 9/15/2020 (dmb).
August 12, 2020 Filing 628 NOTICE Of Filing RESPONSE by Dell, Inc. re #618 Notice of Filing, DELL'S RESPONSE TO #618 ACCELERON'S OBJECTIONS TO #607 SPECIAL MASTER'S REPORT AND RECOMMENDATION RE #510 ACCELERON'S MOTIONS IN LIMINE (Meek, Kevin)
August 12, 2020 Opinion or Order Filing 627 ORDER: Acceleron's objections are overruled, and the Court adopts as its order the R&R #552 . Acceleron's motion #501 is denied. Signed by Judge Timothy C. Batten, Sr. on 8/12/20. (rsh)
August 7, 2020 Filing 626 NOTICE Of Filing Response by Dell, Inc. re #615 Objection Acceleron's Objections to #605 Report and Recommendation re #507 Dell's Motions in Limine (Meek, Kevin)
August 7, 2020 Filing 625 MOTION for Leave to File Matters Under Seal re: #624 Notice of Filing, Acceleron's Responses in Opposition to Dell's Objections to the Special Master's R&R [Doc. 605] Regarding Dell's Motions in Limine with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
August 7, 2020 Filing 624 SEALED NOTICE Of Filing Acceleron's Responses in Opposition to Dell's Objections to the Special Master's R&R [Doc. 605] Regarding Dell's Motions in Limine by Acceleron, LLC re #623 Response (Non-Motion), (Gravois, Robert) Modified on 9/15/2020 (dmb).
August 7, 2020 Filing 623 RESPONSE re #613 Notice of Filing, Acceleron's Responses in Opposition to Dell's Objections to the Special Master's R&R [Doc. 605] Regarding Dell's Motions in Limine filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Acceleron's Third Supplemental Responses to Dell's First Interrogatories, #2 Exhibit B - Acceleron's Supplemental Responses to Dell's Second Interrogatories)(Gravois, Robert)
August 5, 2020 Filing 622 MOTION for Leave to File Matters Under Seal re: #620 Notice of Filing Dell's Objections to #607 Report and Recommendation re #511 Acceleron's Motions in Limine with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
August 5, 2020 Filing 621 NOTICE Of Filing OBJECTIONS by Dell, Inc. re #607 Notice of Filing Dell's Objections to #607 Report and Recommendation re #511 Acceleron's Motions in Limine (Meek, Kevin)
August 5, 2020 Filing 620 SEALED NOTICE Of Filing OBJECTION by Dell, Inc. re #607 Notice of Filing Dell's Objections to #607 Report and Recommendation re #511 Acceleron's Motions in Limine (Meek, Kevin) Modified on 9/15/2020 (dmb).
August 5, 2020 Filing 619 MOTION for Leave to File Matters Under Seal re: #618 Notice of Filing, Acceleron's Objections to the Special Master's Report & Recommendation [Doc. 607] Regarding Acceleron's Motions in Limine with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
August 5, 2020 Filing 618 SEALED NOTICE Of Filing Acceleron's Objections to the Special Master's Report & Recommendation [Doc. 607] Regarding Acceleron's Motions in Limine by Acceleron, LLC re #617 Objection (Gravois, Robert) Modified on 9/15/2020 (dmb).
August 5, 2020 Filing 617 OBJECTION re #607 Notice of Filing Acceleron's Objections to the Special Master's Report & Recommendation [Doc. 607] Regarding Acceleron's Motions in Limine by Acceleron, LLC. (Gravois, Robert)
August 4, 2020 Opinion or Order Filing 616 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI)
July 31, 2020 Filing 615 OBJECTION re #605 Notice of Filing, Acceleron's Objections to the Special Master's R&R [Doc. 605] Regarding Dell's Motions in Limine by Acceleron, LLC. (Gravois, Robert)
July 31, 2020 Filing 614 MOTION for Leave to File Matters Under Seal re: #613 Notice of Filing, Dell's Objections to the Special Master's Report and Recommendation Re: Dell's Motions in Limine with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
July 31, 2020 Filing 613 SEALED NOTICE Of Filing Objections to the Special Master's Report and Recommendation by Dell, Inc. re #605 Notice of Filing, (Attachments: #1 Exhibit 1 - 2018-12-26 ACC's Resp to Dell's 3rd ROGS 18-22 [EXCERPT], #2 Exhibit 2 - Updated Schedule 4.2 to Andrien Report, #3 Exhibit 3 - Updated Schedule 2.3 to Andrien Report)(Meek, Kevin) Modified on 9/15/2020 (dmb).
July 31, 2020 Filing 612 NOTICE Of Filing Objections to Special Master's Report and Recommendation by Dell, Inc. re #605 Notice of Filing, (Attachments: #1 Exhibit Ex 1 - FILED UNDER SEAL, #2 Exhibit 2 - FILED UNDER SEAL, #3 Exhibit 3 - FILED UNDER SEAL, #4 Exhibit 4 - 2019-01-18 ACC's 3rd Suppl. Responses to Dell's 1st ROGS #10 [EXCERPT], #5 Exhibit 5 - 2019-01-18 ACC's Suppl. Responses to Dell's 2nd Set of ROGS #11 [EXCERPT])(Meek, Kevin)
July 28, 2020 Submission of #610 REPORT AND RECOMMENDATION of Special Master re #506 MOTION in Limine Motions in Limine - Trial, filed by William H. Needle, to District Judge Timothy C. Batten Sr. (dmb)
July 24, 2020 Opinion or Order Filing 611 ORDER ADOPTING R&R #532 as Order of the Court, with exception that paragraphs 268270 are admissible. Dell's motion #451 to exclude the opinions and testimony of William Putnam is denied. Signed by Judge Timothy C. Batten, Sr. on 7/24/20. (rsh)
July 21, 2020 Opinion or Order Filing 609 ORDER granting #608 Motion for Leave to File Matters Under Seal. Dkt. No. #605 will remain permanently sealed and be replaced on the public record with the redacted version attached as Exhibit A [608-2] to the Brief in Support of the Motion to Seal. Signed by Judge Timothy C. Batten, Sr. on 7/20/20. (rsh)
July 17, 2020 Filing 608 Unopposed MOTION for Leave to File Matters Under Seal re: #605 Notice of Filing R&R re #507 Dell's Motion in Limine with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit A - REDACTED #605 RR re Dell Motions in Limine #507 , #3 Text of Proposed Order)(Heyman, Paula)
July 16, 2020 Submission of #599 MOTION for Leave to File Matters Under Seal re: #597 Response (Non-Motion), Acceleron's Objections to the Special Master's Report and Recommendation #552 Regarding Acceleron's Motion to Exclude the Opinions and Testimony of Jeff to District Judge Timothy C. Batten Sr.. (dmb)
July 15, 2020 Filing 607 NOTICE Of Filing Special Master's Report & Recommendation recommending granting in part and denying in part Acceleron LLC's Motions in Limine #511 by William H. Needle. See Conclusion for specific details. (rsh)
July 13, 2020 Opinion or Order Filing 606 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI)
July 10, 2020 Filing 605 SEALED NOTICE Of Filing Special Master's Report & Recommendation recommending granting in part and denying in part Dell, Inc.'s Motions in Limine #507 by William H. Needle. See Conclusion for specific details. (rsh)
July 9, 2020 Filing 610 REPORT AND RECOMMENDATION (REDACTED) of Special Master recommending granting in part and denying in part Dell Inc's #506 , #507 MOTIONS in Limine - Trial, filed by William H. Needle. (rsh)
July 8, 2020 Submission of #581 MOTION for Leave to File Matters Under Seal re: #580 Notice of Filing, Acceleron's Objections to the Special Master's R&R [Doc. 552] Regarding Acceleron's Motion to Exclude the Opinions and Testimony of Jeffrey Andrien, to District Judge Timothy C. Batten Sr.. (dmb)
July 6, 2020 Filing 604 RESPONSE re #601 Objection, Acceleron's Objections to the Special Master's Report & Recommendation [Doc. 563] Regarding Acceleron's Motion to Exclude Select Opinions of Dr. William Michalson filed by Dell, Inc.. (Heyman, Paula)
July 6, 2020 Filing 603 RESPONSE re #600 Notice of Filing Acceleron's Response to Dell's Objections to the Special Master's Report & Recommendation [Doc. 563] Regarding Acceleron's Motion to Exclude Select Opinions of Dr. William Michalson filed by Acceleron, LLC. (Gravois, Robert)
July 2, 2020 Opinion or Order Filing 602 FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)
June 30, 2020 Submission of #569 MOTION for Leave to File Matters Under Seal re: #568 Notice of Filing, , #566 MOTION for Leave to File Matters Under Seal re: #565 Notice of Filing, Acceleron's Response in Opposition to Dell's Objections to the Special Master's Report & Recommendation [Doc. 532] Regarding Dell's Motion to Exclude the to District Judge Timothy C. Batten Sr. (dmb)
June 29, 2020 Filing 601 OBJECTION re #563 Notice of Filing Acceleron's Objections to the Special Master's Report & Recommendation [Doc. 563] Regarding Acceleron's Motion to Exclude Select Opinions of Dr. William Michalson by Acceleron, LLC. (Gravois, Robert)
June 29, 2020 Filing 600 NOTICE Of Filing Objection to by Dell, Inc. re #563 Notice of Filing OBJECTIONS TO SPECIAL MASTER'S REPORT AND RECOMMENDATION RE: ACCELERON'S MOTION TO EXCLUDE SELECT OPINIONS OF DR. WILLIAM MICHALSON (Heyman, Paula)
June 26, 2020 Filing 599 MOTION for Leave to File Matters Under Seal re: #597 Response (Non-Motion), Acceleron's Objections to the Special Master's Report and Recommendation #552 Regarding Acceleron's Motion to Exclude the Opinions and Testimony of Jeffrey Andrien with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
June 26, 2020 Filing 598 RESPONSE re #580 Notice of Filing, Acceleron's Objections to the Special Master's Report and Recommendation #552 Regarding Acceleron's Motion to Exclude the Opinions and Testimony of Jeffrey Andrien filed by Dell, Inc.. (Meek, Kevin)
June 26, 2020 Filing 597 SEALED RESPONSE re #580 Notice of Filing, Acceleron's Objections to the Special Master's Report and Recommendation #552 Regarding Acceleron's Motion to Exclude the Opinions and Testimony of Jeffrey Andrien filed by Dell, Inc.. (Meek, Kevin) Modified on 9/15/2020 (dmb).
June 26, 2020 Filing 596 NOTICE by Acceleron, LLC of Withdrawal of Wesley A. Roberts (Gravois, Robert)
June 24, 2020 Filing 595 NOTICE by Dell, Inc. of Certificate of Consent to Withdraw Counsel of Record [Tecuan Flores] (Heyman, Paula)
June 23, 2020 Opinion or Order Filing 594 ORDER granting #549 Motion to keep #547 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 593 ORDER granting #545 Motion to keep #544 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 592 ORDER granting #542 Motion to leave #531 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 591 ORDER granting #538 Motion to keep #537 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 590 ORDER granting #535 Motion to keep #534 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 589 ORDER granting #529 Motion to keep #527 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 588 ORDER granting #526 Motion for Leave to keep #524 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 587 ORDER granting #523 Motion for Leave to keep #521 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 586 ORDER granting #519 Motion for Leave to keep #517 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 5/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 585 ORDER granting #515 Motion to leave #514 permanently under seal. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 584 ORDER granting #512 Motion to keep #511 under seal permanently. Signed by Judge Timothy C. Batten, Sr. on 5/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 583 ORDER granting #508 Motion to leave #507 and [507-1] permanently under seal. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Opinion or Order Filing 582 ORDER granting #505 Motion to leave #504 permanently under seal. Signed by Judge Timothy C. Batten, Sr. on 6/22/20. (rsh)
June 23, 2020 Submission of #562 MOTION for Leave to File Matters Under Seal re: #552 Notice of Filing , #561 MOTION for Leave to File Matters Under Seal re: #539 Order on Motion to Exclude , to District Judge Timothy C. Batten Sr.. (dmb)
June 22, 2020 Submission of #557 MOTION for Leave to File Matters Under Seal re: #556 Notice of Filing, , #560 MOTION for Leave to File Matters Under Seal re: #558 Notice of Filing, Objections to the Special Master's Report and Recommendation Re: Dell's Motion to Exclude the Opinions and Testimony of William Putnam to District Judge Timothy C. Batten Sr. (dmb)
June 19, 2020 Filing 581 MOTION for Leave to File Matters Under Seal re: #580 Notice of Filing, Acceleron's Objections to the Special Master's R&R [Doc. 552] Regarding Acceleron's Motion to Exclude the Opinions and Testimony of Jeffrey Andrien with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal re_[Doc. 580], #2 Text of Proposed Order)(Crain, Norman)
June 19, 2020 Filing 580 SEALED NOTICE Of Filing Acceleron's Objections to the Special Master's R&R [Doc. 552] Regarding Acceleron's Motion to Exclude the Opinions and Testimony of Jeffrey Andrien by Acceleron, LLC re #579 Objection (Crain, Norman) Modified on 9/15/2020 (dmb).
June 19, 2020 Filing 579 OBJECTION re #552 Notice of Filing Acceleron's Objections to the Special Master's R&R [Doc. 552] Regarding Acceleron's Motion to Exclude the Opinions and Tesimony of Jeffrey Andrien by Acceleron, LLC. (Crain, Norman)
June 18, 2020 NOTICE resetting Trial:Jury Trial reset for 2/1/2021 at 09:30 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Pretrial Conference reset for 9/15/2020 at 10:00 AM in ATLA Courtroom 2106. All other deadlines remain the same. (usw)
June 16, 2020 Opinion or Order Filing 578 ORDER granting #571 Motion to Amend Exhibit Lists. No. 13 of Plaintiff's #510 Motion in Limine is denied as moot. Signed by Judge Timothy C. Batten, Sr. on 6/15/2020. (dmb)
June 15, 2020 Opinion or Order Filing 577 ORDER denying #458 Motion to Strike. Signed by Judge Timothy C. Batten, Sr. on 6/15/2020. (dmb)
June 12, 2020 Opinion or Order Filing 576 ORDER granting #502 Motion for Leave to keep #501 Under Seal. Signed by Judge Timothy C. Batten, Sr. on 6/12/20. (rsh)
June 12, 2020 Opinion or Order Filing 575 ORDER granting #494 Motion for Leave to keep entry #493 Under Seal. Signed by Judge Timothy C. Batten, Sr. on 6/12/20. (rsh)
June 12, 2020 Opinion or Order Filing 574 ORDER granting #476 Motion for Leave to keep #475 under seal. Signed by Judge Timothy C. Batten, Sr. on 6/12/20. (rsh)
June 12, 2020 Opinion or Order Filing 573 ORDER granting #370 Motion for Leave to keep #369 permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 6/12/20. (rsh)
June 12, 2020 Opinion or Order Filing 572 ORDER granting #304 Motion for Leave to File Matters Under Seal as to docket Entry #303 . Signed by Judge Timothy C. Batten, Sr. on 6/12/20. (rsh)
June 12, 2020 Filing 571 Joint MOTION to Amend #513 Proposed Pretrial Order,,,,,, Trial Exhibit Lists by Acceleron, LLC. (Attachments: #1 Exhibit Amended Attachment G-1_ Acceleron's Exhibit List and Dell's Objections, #2 Exhibit Amended Attachment G-2_Dell's Exhibit List with Acceleron's Objections, #3 Text of Proposed Order)(Crain, Norman)
June 10, 2020 Submission of #549 MOTION for Leave to File Matters Under Seal re: #547 Reply to Response to Motion to District Judge Timothy C. Batten Sr. (dmb)
June 9, 2020 Filing 570 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Telephone Conference held on 6/9/2020, re: upcoming trial and COVID-19 guidelines. Parties to inform the Court about decision to have a bench trial by Friday, June 12. If a bench trial is not a possibility, jury trial will be continued to October 19-30th. All other deadlines will remain the same. (Court Reporter Lori Burgess)(rsh)
June 8, 2020 Filing 569 MOTION for Leave to File Matters Under Seal re: #568 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
June 8, 2020 Filing 568 SEALED NOTICE Of Filing by Dell, Inc. re #567 Notice of Filing, [SEALED] Exh 1 re RESPONSE by Dell, Inc. re #555 Acceleron's Objections (Attachments: #1 Exhibit 1 - 2018-12-05 [HC] Dell's 6th Suppl Responses to ACC ROGS [1-12])(Heyman, Paula) Modified on 9/15/2020 (dmb).
June 8, 2020 Filing 567 NOTICE Of Filing RESPONSE by Dell, Inc. re #555 Objection,,,, ACCELERON'S OBJECTIONS RE #532 R&R re #452 Dell Mtn to Exclude Testimony Putnam (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Chart of Irrelevant FN Citations from ACC Objs.)(Heyman, Paula)
June 8, 2020 Filing 566 MOTION for Leave to File Matters Under Seal re: #565 Notice of Filing, Acceleron's Response in Opposition to Dell's Objections to the Special Master's Report & Recommendation [Doc. 532] Regarding Dell's Motion to Exclude the Opinions and Testimony of William Putnam with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal re: [Doc. 565], #2 Text of Proposed Order)(Gravois, Robert)
June 8, 2020 Filing 565 SEALED NOTICE Of Filing Acceleron's Response in Opposition to Dell's Objections to the Special Master's Report & Recommendation [Doc. 532] Regarding Dell's Motion to Exclude the Opinions and Testimony of William Putnam by Acceleron, LLC re #564 Response (Non-Motion), (Gravois, Robert) Modified on 9/15/2020 (dmb).
June 8, 2020 Filing 564 RESPONSE re #558 Notice of Filing, Acceleron's Response in Opposition to Dell's Objections to the Special Master's Report & Recommendation [Doc. 532] Regarding Dell's Motion to Exclude the Opinions and Testimony of William Putnam filed by Acceleron, LLC. (Gravois, Robert)
June 8, 2020 Filing 563 PROVISIONALLY SEALED NOTICE Of Filing Special Master's Report and Recommendation re: #504 Acceleron's Motion to Exclude Select Opinions of Dr. William Michalson, by William H. Needle. (rsh)
June 4, 2020 Filing 562 MOTION for Leave to File Matters Under Seal re: #552 Notice of Filing with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit A - REDACTED Report and Recommendation, #3 Text of Proposed Order)(Heyman, Paula)
June 4, 2020 Filing 561 MOTION for Leave to File Matters Under Seal re: #539 Order on Motion to Exclude with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit A - REDACTED Order, #3 Text of Proposed Order)(Heyman, Paula)
June 4, 2020 Submission of #506 MOTION in Limine Motions in Limine - Trial, #510 MOTION in Limine regarding Trial to District Judge Timothy C. Batten Sr. (dmb)
June 3, 2020 Submission of #542 MOTION for Leave to File Matters Under Seal re: #541 Notice of Filing , #545 MOTION for Leave to File Matters Under Seal re: #544 Response in Opposition to Motion , to District Judge Timothy C. Batten Sr.. (dmb)
June 2, 2020 Submission of #538 MOTION for Leave to File Matters Under Seal re: #537 Notice of Filing,, Acceleron's Reply in Support of Its Motion to Exclude Opinions of Jeff Andrien, #535 MOTION for Leave to File Matters Under Seal re: #534 Notice of Filing, Acceleron's Reply Brief in Support of Its Motion to Exclude Select Opinions of Dr. William Michalson, to District Judge Timothy C. Batten Sr.. (dmb)
June 1, 2020 Filing 560 MOTION for Leave to File Matters Under Seal re: #558 Notice of Filing, Objections to the Special Master's Report and Recommendation Re: Dell's Motion to Exclude the Opinions and Testimony of William Putnam with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
June 1, 2020 Filing 559 NOTICE Of Filing OBJECTIONS by Dell, Inc. re #532 Notice of Filing, Objections to the Special Master's Report and Recommendation Re: Dell's Motion to Exclude the Opinions and Testimony of William Putnam (Heyman, Paula)
June 1, 2020 Filing 558 SEALED NOTICE Of Filing OBJECTION by Dell, Inc. re #532 Notice of Filing, Objections to the Special Master's Report and Recommendation Re: Dell's Motion to Exclude the Opinions and Testimony of William Putnam (Heyman, Paula) Modified on 9/15/2020 (dmb).
June 1, 2020 Filing 557 MOTION for Leave to File Matters Under Seal re: #556 Notice of Filing, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
June 1, 2020 Filing 556 SEALED NOTICE Of Filing Exhibit K to Acceleron's Objections to the Special Master's R&R [Doc. 532] Regarding Dell's Motion to Exclude the Opinions and Testimony of William Putnam by Acceleron, LLC re #555 Objection,,,, (Attachments: #1 Exhibit K - Acceleron's Response to Dell's Third Set of Interrogatories)(Gravois, Robert) Modified on 9/15/2020 (dmb).
June 1, 2020 Filing 555 OBJECTION re #532 Notice of Filing, Acceleron's Objections to the Special Master's R&R [Doc. 532] Regarding Dell's Motion to Exclude the Opinions and Testimony of William Putnam by Acceleron, LLC. (Attachments: #1 Exhibit A - Dell PowerEdge Modular Systems Hardware Owner's Manual for M1000e, #2 Exhibit B - M1000e Technical Guide, #3 Exhibit C - Dell PowerEdge FX2 and FX2s Enclosure Owner's Manual, #4 Exhibit D - Dell PowerEdge VRTX Enclosure Owner's Manual, #5 Exhibit E - Dell EMC PowerEdge 7000 Enclosure Technical Specifications, #6 Exhibit F - Dell EMC PowerEdge MX Networking Overview, #7 Exhibit G - Dell EMC PowerEdge MX 7000 Enclosure Installation and Service Manual, #8 Exhibit H - Dell PowerEdge 1955 Server Specification Sheet, #9 Exhibit I - Dell PowerEdge 1855 Systems User's Guide, #10 Exhibit J - Dell PowerEdge 1955 Systems Hardware Owner's Manual, #11 Exhibit K - Filed Under Seal)(Gravois, Robert)
May 29, 2020 Filing 554 Court overrules Dell's objections and adopts the R&R #495 . Dell's motion #326 is granted as to the withdrawal of the tenth and twelfth defense and denied as to the amendment of the eighth defense. Signed by Judge Timothy C. Batten, Sr. on 5/28/20. (rsh)
May 29, 2020 Opinion or Order Filing 553 ORDER: Dell's objection is overruled, and the Court adopts as its order the R&R #366 . Dells motion #334 is denied. Signed by Judge Timothy C. Batten, Sr. on 5/28/20. (rsh) (Additional attachment(s) added on 8/28/2020: #1 Corrected main document) (adg).
May 28, 2020 Filing 552 SEALED NOTICE Of Filing Report and Recommendation by Special Master William H. Needle recommending that Acceleron's Motion to Exclude the Opinions of Jeff Andrien #501 should be Denied. (rsh) Modified on 8/27/2020 (adg). (Additional attachment(s) added on 8/27/2020: #1 Redacted Special Master R&R) (adg). Modified on 8/27/2020 (adg).
May 28, 2020 Submission of #523 MOTION for Leave to File Matters Under Seal re: #521 Response in Opposition to Motion , #526 MOTION for Leave to File Matters Under Seal re: #524 Response in Opposition to Motion , #529 MOTION for Leave to File Matters Under Seal re: #527 Response in Opposition to Motion to District Judge Timothy C. Batten Sr. (dmb)
May 27, 2020 Opinion or Order Filing 551 THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI)
May 26, 2020 Submission of #519 MOTION for Leave to File Matters Under Seal re: #517 Notice of Filing, to District Judge Timothy C. Batten Sr. (dmb)
May 22, 2020 Filing 550 REPLY to Response to Motion re #510 MOTION in Limine regarding Trial filed by Acceleron, LLC. (Attachments: #1 Exhibit A - MiMidex Order, #2 Exhibit B - Chimar R&R)(Crain, Norman)
May 22, 2020 Filing 549 MOTION for Leave to File Matters Under Seal re: #547 Reply to Response to Motion,,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
May 22, 2020 Filing 548 REPLY to Response to Motion re #506 MOTION in Limine Motions in Limine - Trial filed by Dell, Inc.. (Meek, Kevin)
May 22, 2020 Filing 547 SEALED REPLY to Response to Motion re #506 MOTION in Limine Motions in Limine - Trial filed by Dell, Inc.. (Attachments: #1 Exhibit Ex. 1 - 2018-12-26 ACC's Responses to Dell's 3rd ROGS [18-22] [HC][EXCERPT], #2 Exhibit Ex. 2 - 2018-08-23 Deposition of Derrico, Joel [HC][MINI][EXCERPT], #3 Exhibit Ex. 3 - 2018-08-22 Deposition of Freet, Paul [HC][MINI][EXCERPT], #4 Exhibit Ex. 4 - 2019-02-12 Schoenthaler, Peter [HC][MINI][EXCERPT] - Copy, #5 Exhibit Ex. 5 - 2019-02-27 Wharton, Scott [HC][MINI][EXCERPT], #6 Exhibit Ex. 6 - 2019-07-31 Pattillo, Robert [HC][MINI][EXCERPT] - Copy, #7 Exhibit Ex. 7 - 2019-02-28 Wharton, Scott 30(b)(6) [HC][MINI][EXCERPT])(Meek, Kevin) Modified on 6/23/2020 (rsh).
May 21, 2020 Submission of #515 MOTION for Leave to File Matters Under Seal re: #514 Notice of Filing, to District Judge Timothy C. Batten Sr. (dmb)
May 20, 2020 Submission of #506 MOTION in Limine Motions in Limine - Trial, #510 MOTION in Limine regarding Trial to District Judge Timothy C. Batten Sr. (dmb)
May 20, 2020 Submission of #508 MOTION for Leave to File Matters Under Seal re: #507 Notice of Filing , #512 MOTION for Leave to File Matters Under Seal re: #511 Notice of Filing,, to District Judge Timothy C. Batten Sr. (dmb)
May 18, 2020 Filing 546 RESPONSE re #517 Notice of Filing, to Dell's Objections to the Special Master's Report and Recommendation re: Dell's Motion for Leave to Amend the Scheduling Order and Dell's Answer and Counterclaims to Acceleron's First Amended Complaint filed by Acceleron, LLC. (Gresham, Dan)
May 18, 2020 Submission of #458 MOTION to Strike Portions of the Expert Reports of Michael Milani and William Putnam to District Judge Timothy C. Batten Sr. (dmb)
May 15, 2020 Filing 545 MOTION for Leave to File Matters Under Seal re: #544 Response in Opposition to Motion with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
May 15, 2020 Filing 544 PROVISIONALLY SEALED RESPONSE in Opposition re #510 MOTION in Limine regarding Trial filed by Dell, Inc.. (Attachments: #1 Exhibit Ex. 3 - 2019-07-31 Pattillo Robert HC [MINIEXCERPT])(Meek, Kevin)
May 15, 2020 Filing 543 RESPONSE in Opposition re #510 MOTION in Limine regarding Trial filed by Dell, Inc.. (Attachments: #1 Exhibit Ex. 1 - Marked-Up Version of Attachment E - Proposed Joint Stipulation of Facts, #2 Exhibit Ex. 2 - 2017-07-17 Production Ltr to Counsel - 3rd Pty GUTIERREZ GUTIERREZ00001-90, #3 Exhibit Ex. 3 - FILED UNDER SEAL, #4 Exhibit Ex. 4 - Hipp Claim Chart excerpt, #5 Exhibit Ex. 5 - Ketris Claim Chart excerpt)(Heyman, Paula)
May 15, 2020 Filing 542 MOTION for Leave to File Matters Under Seal re: #541 Notice of Filing,,,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
May 15, 2020 Filing 541 SEALED NOTICE Of Filing Acceleron, LLC's Response Brief in Opposition to Dell's Motion in Limine by Acceleron, LLC re #540 Response in Opposition to Motion,, (Attachments: #1 Exhibit A - 04-01-2019 Expert Report of William Putnam re: Infringement, #2 Exhibit B - 09-18-2007 Letter Ramey to Tu, Dell's Senior VP and GC, #3 Exhibit C - 09-26-2007 Letter from Dell's VP, Intellectual Property to Ramey with Attachments, #4 Exhibit D - 10-05-2007 Letter Ramey to Dell, #5 Exhibit E - Dell's Eighth Supplemental and Amended Responses and Objections to Plaintiff's First Interrogatories, #6 Exhibit F - 06-07-2019 Rebuttal Infringement Report of William Putnam, #7 Exhibit G - 05-24-2019 Expert Report of Dr. Michalson Directed to Non-Infringement, #8 Exhibit H - 04-01-2019 Expert Report of Michael Milani, #9 Exhibit I - Acceleron's Third Supplemental Response to Dell's Third Set of Interrogatories, #10 Exhibit J - 02-15-2019 Letter Maurer to Heyman, #11 Exhibit K - 02-12-2019 Deposition transcript of Peter Schoenthaler)(Crain, Norman) Modified on 6/23/2020 (rsh).
May 15, 2020 Filing 540 RESPONSE in Opposition re #506 MOTION in Limine Motions in Limine - Trial filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal, #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - Filed Under Seal, #9 Exhibit I - Filed Under Seal, #10 Exhibit J - Filed Under Seal, #11 Exhibit K - Filed Under Seal)(Crain, Norman)
May 15, 2020 Opinion or Order Filing 539 ORDER denying #342 Dell's Motion to Exclude opinions of Michael Milani. Signed by Judge Timothy C. Batten, Sr. on 5/15/20. (rsh) (Additional attachment(s) added on 8/27/2020: #1 Redacted Order 539) (adg).
May 12, 2020 Filing 538 MOTION for Leave to File Matters Under Seal re: #537 Notice of Filing,, Acceleron's Reply in Support of Its Motion to Exclude Opinions of Jeff Andrien with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
May 12, 2020 Filing 537 PROVISIONALLY SEALED NOTICE Of Filing Acceleron's Reply in Support of Its Motion to Exclude Opinions of Jeff Andrien by Acceleron, LLC re #536 Reply to Response to Motion, (Attachments: #1 Exhibit A - Excerpts from the Deposition of Stephen Rousset taken 07-18-2018, #2 Exhibit B - Excerpts from the Deposition of Joel Shawn Dube taken 02-25-2019, #3 Exhibit C - 04-01-2019 Expert Report of Michael Milani, #4 Exhibit D - 04-01-2019 Expert Report of William Putnam on Infringement, #5 Exhibit E - 05-24-2019 Expert Report of William Putnam Regarding Validity)(Crain, Norman)
May 12, 2020 Filing 536 REPLY to Response to Motion re #500 MOTION to Exclude the Opinions of Jeff Andrien filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal, #5 Exhibit E - Filed Under Seal)(Crain, Norman)
May 12, 2020 Filing 535 MOTION for Leave to File Matters Under Seal re: #534 Notice of Filing, Acceleron's Reply Brief in Support of Its Motion to Exclude Select Opinions of Dr. William Michalson with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
May 12, 2020 Filing 534 SEALED NOTICE Of Filing Acceleron's Reply Brief in Support of Its Motion to Exclude Select Opinions of Dr. William Michalson by Acceleron, LLC re #533 Reply to Response to Motion (Gravois, Robert) Modified on 6/23/2020 (rsh).
May 12, 2020 Filing 533 REPLY to Response to Motion re #503 MOTION to Exclude Select Opinions of Dr. William Michalson (Redacted) filed by Acceleron, LLC. (Gravois, Robert)
May 12, 2020 Submission of #500 MOTION to Exclude the Opinions of Jeff Andrien, #503 MOTION to Exclude Select Opinions of Dr. William Michalson, #502 MOTION for Leave to File Matters Under Seal re: #501 Notice of Filing,, Acceleron's Brief in Support of Its Motion to Exclude the Opinions of Jeff Andrien, #505 MOTION for Leave to File Matters Under Seal re: #504 Notice of Filing, Brief in Support of Acceleron, LLC's Motion to Exclude Select Opinions of Dr. William Michalson to District Judge Timothy C. Batten Sr. (dmb)
May 11, 2020 Filing 532 PROVISIONALLY SEALED NOTICE Of Filing Report & Recommendation by Special Master William H. Needle recommending granting in part and denying in part #451 Dell Inc.'s Motion to Exclude the Opinions and Testimony of William Putnam. (rsh)
May 11, 2020 Opinion or Order Filing 531 ORDER: Court will reject the special master's R&R, sustain Dell's objections, and deny Acceleron's motion #314 . Dell should note that this ruling is only to prevent further delay and a waste of judicial resources in these already protracted proceedings. Any further failure to comply with the Local Rules may result in sanctions. Signed by Judge Timothy C. Batten, Sr. on 5/11/20. (rsh)
May 11, 2020 Opinion or Order Filing 530 ORDER: Court hereby modifies its November 18, 2019 order #341 . The parties will have seven days to file responses to objections. The seven-day deadline does not apply to any response to the objections #518 filed on May 4. Signed by Judge Timothy C. Batten, Sr. on 5/11/20. (rsh)
May 6, 2020 Filing 529 MOTION for Leave to File Matters Under Seal re: #527 Response in Opposition to Motion with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
May 6, 2020 Filing 528 RESPONSE in Opposition re #503 MOTION to Exclude Select Opinions of Dr. William Michalson , [CORRECTION of Dkt. 525 Previously filed] filed by Dell, Inc.. (Attachments: #1 Exhibit A - Expert Report of Robert Anders [1-06-cv-06329 Dkt 161-4])(Heyman, Paula)
May 6, 2020 Filing 527 SEALED RESPONSE in Opposition re #503 MOTION to Exclude Select Opinions of Dr. William Michalson , [CORRECTION of Dkt 524 Previously filed] filed by Dell, Inc.. (Heyman, Paula) Modified on 6/23/2020 (rsh).
May 6, 2020 NOTICE setting Trial: Pretrial Conference set for 7/20/2020 at 02:00 PM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr.. Jury Trial set for 8/3/2020 at 09:30 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. (usw)
May 5, 2020 Filing 526 MOTION for Leave to File Matters Under Seal re: #524 Response in Opposition to Motion with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
May 5, 2020 Filing 525 RESPONSE in Opposition re #503 MOTION to Exclude Select Opinions of Dr. William Michalson filed by Dell, Inc.. (Attachments: #1 Exhibit A - Expert Report of Robert Anders [1-06-cv-06329 Dkt 161-4])(Heyman, Paula)
May 5, 2020 Filing 524 SEALED RESPONSE in Opposition re #503 MOTION to Exclude Select Opinions of Dr. William Michalson filed by Dell, Inc.. (Heyman, Paula) Modified on 6/23/2020 (rsh).
May 5, 2020 Filing 523 MOTION for Leave to File Matters Under Seal re: #521 Response in Opposition to Motion with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
May 5, 2020 Filing 522 RESPONSE in Opposition re #500 MOTION to Exclude the Opinions of Jeff Andrien filed by Dell, Inc.. (Meek, Kevin)
May 5, 2020 Filing 521 SEALED RESPONSE in Opposition re #500 MOTION to Exclude the Opinions of Jeff Andrien filed by Dell, Inc.. (Meek, Kevin) Modified on 6/23/2020 (rsh).
May 4, 2020 Opinion or Order Filing 520 ORDER: Due to COVID-19, the trial scheduled to begin June 1 will be continued to August 1. All previously ordered deadlines remain in place. Signed by Judge Timothy C. Batten, Sr. on 4/30/20. (rsh)
May 4, 2020 Filing 519 MOTION for Leave to File Matters Under Seal re: #517 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
May 4, 2020 Filing 518 NOTICE Of Filing Objections to Report and Recommendation by Dell, Inc. re #495 Notice of Filing, (Heyman, Paula)
May 4, 2020 Filing 517 SEALED NOTICE Of Filing Objection by Dell, Inc. re #495 Notice of Filing, (Attachments: #1 Exhibit 1 - 01.10.20 Ltr to Dearing re Non-Party Subpoena, #2 Exhibit 2 - 02.27.20 Ltr to Dearing re Non-Party Subpoena)(Heyman, Paula) Modified on 6/23/2020 (rsh).
May 4, 2020 Opinion or Order Filing 516 SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI)
May 2, 2020 Filing 515 MOTION for Leave to File Matters Under Seal re: #514 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
May 1, 2020 Filing 514 SEALED NOTICE Of Filing Attachmnent C by Dell, Inc. re #513 Proposed Pretrial Order,,,,,, (Plaintiff's Outline of the Case) (Attachments: #1 Exhibit Attachment C [SEALED] - Plaintiff's Outline of the Case)(Meek, Kevin) Modified on 6/23/2020 (rsh).
May 1, 2020 Filing 513 Proposed Pretrial Order by Dell, Inc.. (Attachments: #1 Exhibit Attachment A - Jury Questions, #2 Exhibit Attachment B - Proposed Voir Dire Questions, #3 Exhibit Attachment C [REDACTED] - Plaintiff's Outline of the Case, #4 Exhibit Attachment D - Defendant's Outline of the Case, #5 Exhibit Attachment E - Joint Stipulation of Facts, #6 Exhibit Attachment F-1 - Plaintiff's Witness List, #7 Exhibit Attachment F-2 - Defendant's Witness List, #8 Exhibit Attachment F-3 - Dell's Objections to Acceleron's Witness List, #9 Exhibit Attachment F-4 - Acceleron's Objections to Dell's Rebuttal Pretrial Disclosures-W, #10 Exhibit Attachment G-1 - Acceleron's Exhibit List and Dell's Objections, #11 Exhibit Attachment G-2 - Dell Trial Exhibit List and Objections, #12 Exhibit Attachment G-3 - Dell Objection Key and Exhibit List Objections, #13 Exhibit Attachment I-1 - Acceleron's Proposed Jury Verdict Form, #14 Exhibit Attachment I-2 - Dell's Proposed Special Verdict Form, #15 Exhibit Attachment J-1 - Acceleron's Depo Designations Dell's Objections Dell's Counter-Designations A, #16 Exhibit Attachment J-2 - Dell's Depo Designations - Acceleron's Objections and Counter Designations, #17 Exhibit Attachment J-3 - Dell Objection Key and Depo Objections, #18 Exhibit Attachment J-4 - Acceleron's Objections to Dell's Rebuttal Pretrial Disclosures-D, #19 Exhibit Attachment K - Joint Stipulation on Authenticity and Business Records, #20 Exhibit Joint Proposed and Disputed Jury Instructions)(Meek, Kevin)
May 1, 2020 Filing 512 MOTION for Leave to File Matters Under Seal re: #511 Notice of Filing,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Crain, Norman)
May 1, 2020 Filing 511 SEALED NOTICE Of Filing by Acceleron, LLC re #510 MOTION in Limine regarding Trial - Unredacted Brief and Exhibits (Attachments: #1 Exhibit A - Rebuttal Report of Jeff Andrien, #2 Exhibit B - Expert Report of Michael K. Milani, #3 Exhibit C - Excerpts of April 17, 2019 Deposition of Stephen Rousset, #4 Exhibit D - Excerpts of June 21, 2019 Deposition of Jeff Andrien, #5 Exhibit E - Validity Report of William Putnam, #6 Exhibit F - Initial Invalidity Report of Dr. William Michalson, #7 Exhibit G - Non-Infringement Report of Dr. William Michalson)(Crain, Norman) Modified on 6/23/2020 (rsh).
May 1, 2020 Filing 510 MOTION in Limine regarding Trial with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief, #2 Exhibit A - Filed Under Seal, #3 Exhibit B - Filed Under Seal, #4 Exhibit C - Filed Under Seal, #5 Exhibit D - Filed Under Seal, #6 Exhibit E - Filed Under Seal, #7 Exhibit F - Filed Under Seal, #8 Exhibit G - Filed Under Seal, #9 Exhibit H - Ketris 2000 Brochure, #10 Exhibit I - Ketris 9000 Brochure, #11 Exhibit J - May 1, 2020 Email Chain)(Crain, Norman)
May 1, 2020 Filing 509 CERTIFICATE of Compliance regarding NOTICE PURSUANT TO 35 U.S.C. 282 (Heyman, Paula)
May 1, 2020 Filing 508 MOTION for Leave to File Matters Under Seal re: #507 Notice of Filing with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
May 1, 2020 Filing 507 SEALED NOTICE Of Filing Motions In Limine by Dell, Inc. re #506 MOTION in Limine Motions in Limine - Trial (Attachments: #1 Brief)(Meek, Kevin) Modified on 6/23/2020 (rsh).
May 1, 2020 Filing 506 MOTION in Limine Motions in Limine - Trial with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit 1 - 2019-01-10 IPR Certificate, #3 Exhibit 2 - 2020-04-07 Acceleron's Pretrial Disclosures, #4 Exhibit 3 - 2020-04-09 Acceleron's Corrected Witness List Disclosures, #5 Exhibit 4 - 2020-04-14 Dell's Objections to Acceleron's Witness List, #6 Exhibit 5 - 2018-06-14 ACC 2nd Supp. Responses to Dell's 1st ROGS #4 )(Meek, Kevin)
April 29, 2020 Submission of #494 MOTION for Leave to File Matters Under Seal re: #493 Reply to Response to Motion to District Judge Timothy C. Batten Sr. (dmb)
April 21, 2020 Filing 505 MOTION for Leave to File Matters Under Seal re: #504 Notice of Filing, Brief in Support of Acceleron, LLC's Motion to Exclude Select Opinions of Dr. William Michalson with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
April 21, 2020 Filing 504 SEALED NOTICE Of Filing Acceleron's Brief in Support of Its Motion to Exclude Select Opinions of Dr. William Michalson by Acceleron, LLC re #503 MOTION to Exclude Select Opinions of Dr. William Michalson (Gravois, Robert) Modified on 6/23/2020 (rsh).
April 21, 2020 Filing 503 MOTION to Exclude Select Opinions of Dr. William Michalson with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron, LLC's Motion to Exclude Select Opinions of Dr. William Michalson)(Gravois, Robert)
April 21, 2020 Filing 502 MOTION for Leave to File Matters Under Seal re: #501 Notice of Filing,, Acceleron's Brief in Support of Its Motion to Exclude the Opinions of Jeff Andrien with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Roberts, Wesley)
April 21, 2020 Filing 501 SEALED NOTICE Of Filing Acceleron's Motion to Exclude the Opinions of Jeff Andrien by Acceleron, LLC re #500 MOTION to Exclude the Opinions of Jeff Andrien (Attachments: #1 Exhibit A - 05-24-2019 Rebuttal Report of Jeff Andrien, #2 Exhibit B - 06-21-2019 Deposition Transcript of Jeff Andrien, #3 Exhibit C - Horst Hipp Chart from HP Case, #4 Exhibit E - Excerpts from the 02-25-2019 Deposition of Shawn Dube)(Roberts, Wesley) Modified on 6/12/2020 (rsh).
April 21, 2020 Filing 500 MOTION to Exclude the Opinions of Jeff Andrien with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion to Exclude the Opinions of Jeff Andrien, #2 Exhibit A - Filed Under Seal, #3 Exhibit B - Filed Under Seal, #4 Exhibit C - Filed Under Seal, #5 Exhibit D - Horst IPR Declaration, #6 Exhibit E - Filed Under Seal)(Roberts, Wesley)
April 15, 2020 Opinion or Order Filing 499 ORDER granting #473 Motion for Leave to File Matters Under Seal. Acceleron's Response in Opposition #472 to Dell's Motion to Strike Portions of the Expert Reports of Michael Milani and William Putnam may remain permanently sealed; and [472.1] through [472.4] Exhibits A-D thereto. Signed by Judge Timothy C. Batten, Sr. on 4/15/20. (rsh)
April 15, 2020 Opinion or Order Filing 498 ORDER granting #470 Motion for Leave to File Matters Under Seal. Dell Inc.'s Reply in Support of its Motion to Exclude the Opinions and Testimony of William Putnam #468 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 4/15/20. (rsh)
April 15, 2020 Opinion or Order Filing 497 ORDER granting #466 Motion for Leave to File Matters Under Seal. Acceleron's Response to Dell's Motion to Exclude the Opinions and Testimony of William Putnam #465 may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 4/15/20. (rsh)
April 15, 2020 Opinion or Order Filing 496 ORDER granting #460 Dell Inc.'s Motion for Leave to File Matters Under Seal. Docket entry #459 and Exh 1 [459-1] will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 4/15/20. (rsh)
April 14, 2020 Submission of #476 MOTION for Leave to File Matters Under Seal re: #475 Notice of Filing,, Acceleron's Response in Opposition to Dell's Motion to Strike Portions of the Expert Reports of Michael Milani and William Putnam, #470 MOTION for Leave to File Matters Under Seal re: #468 Reply to Response to Motion , #473 MOTION for Leave to File Matters Under Seal re: #472 Notice of Filing,, Acceleron's Response in Opposition to Dell's Motion to Strike Portions of the Expert Reports of Michael Milani and William Putnam, to District Judge Timothy C. Batten Sr.. (dmb)
April 13, 2020 Filing 495 PROVISIONALLY SEALED Special Masters Report and Recommendation re: #326 Dell Inc.'s Motion for Leave to Amend the Scheduling Order and Dell's Answer and Counterclaims to Acceleron, LLC's First Amended Complaint by William H. Needle. (rsh)
April 10, 2020 Filing 494 MOTION for Leave to File Matters Under Seal re: #493 Reply to Response to Motion, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
April 10, 2020 Filing 493 SEALED REPLY to Response to Motion re #458 MOTION to Strike Portions of the Expert Reports of Michael Milani and William Putnam filed by Dell, Inc.. (Attachments: #1 Exhibit 2 - Chad Fenner Depo Transcript)(Heyman, Paula) Modified on 6/12/2020 (rsh).
April 10, 2020 Filing 492 REPLY to Response to Motion re #458 MOTION to Strike Portions of the Expert Reports of Michael Milani and William Putnam filed by Dell, Inc.. (Attachments: #1 Exhibit 1 - Capsec - NCR Opposition Brief, #2 Exhibit 2 - Filed Under Seal)(Heyman, Paula)
April 9, 2020 Submission of #466 MOTION for Leave to File Matters Under Seal re: #465 Notice of Filing, Acceleron's Response in Opposition to Dell's Motion to Exclude the Opinions and Testimony of William Putnam, #452 MOTION to Exclude Opinions and Testimony of William Putnam, to District Judge Timothy C. Batten Sr.. (dmb)
April 1, 2020 Opinion or Order Filing 491 ORDER terminating referral of #342 MOTION to Exclude and #458 MOTION to Strike and all future motions concerning Milani's testimony. Signed by Judge Timothy C. Batten, Sr. on 4/1/2020. (dmb)
April 1, 2020 Opinion or Order Filing 490 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI)
April 1, 2020 Submission of #460 MOTION for Leave to File Matters Under Seal re: #459 Notice of Filing to District Judge Timothy C. Batten Sr.. (dmb)
March 31, 2020 Opinion or Order Filing 489 ORDER granting #454 Motion for Leave to File Matters Under Seal. Defendant Dell Inc.'s Motion to Exclude Opinion and Testimony of William Putnam with Brief In Support #450 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Opinion or Order Filing 488 ORDER granting #453 Motion for Leave to File Matters Under Seal. Dell Inc.'s Brief in Support of its Motion to Exclude the Opinions and Testimony of William Putnam #451 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Opinion or Order Filing 487 ORDER granting #448 Motion for Leave to File Matters Under Seal. Dell's Response to Acceleron's Objections to the Special Master's Report and Recommendation Re: Acceleron's Motion for Partial Summary Judgment on Infringement #447 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Opinion or Order Filing 486 ORDER granting #443 Motion for Leave to File Matters Under Seal. Dell's Response to Acceleron's Objections to the Special Master's Report and Recommendation Re: Dell's Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement and Certain Sections of Accelerons Motion for Partial Summary Judgment on Infringement #442 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Opinion or Order Filing 485 ORDER granting #440 Motion for Leave to File Matters Under Seal. Acceleron's Response to Dell's Objections to the Special Master's Report and Recommendation #413 Regarding Dell's Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement and Certain Sections of Accelerons Motion for Partial Summary Judgment of Infringement may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Filing 484 Special Master's R&R (REDACTED) re: #261 , #262 Dell's Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement and Certain Sections of Acceleron's Motion for Partial Summary Judgment of Infringement by William H. Needle. (rsh) Modified on 3/31/2020 (rsh).
March 31, 2020 Opinion or Order Filing 483 ORDER granting #419 Motion for Leave to File Matters Under Seal. Docket Entry #413 will remain permanently sealed and be replaced on the public record with the redacted version attached as Exhibit A [419-2] to the Brief in Support of the Motion to Seal. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Opinion or Order Filing 482 ORDER after review of #418 Report and Recommendation, granting in part and denying in part, Accelerons motion #262 for partial summary judgment. See Order for specifics re: ruling on Claims within the motions for summary judgment. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Opinion or Order Filing 481 ORDER after review of #413 R&R, granting in part and denying in part #261 , #262 Motions for Partial Summary Judgment. See Order for specifics re: ruling on Claims within the motions for summary judgment. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Opinion or Order Filing 480 ORDER following review of R&R #364 , denying #257 / #258 Acceleron's Motion for Partial Summary Judgment in its entirety. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 31, 2020 Opinion or Order Filing 479 ORDER adopting #330 Report and Recommendation of Special Master; granting in part and denying in part #260 Dell's Motion for Partial Summary Judgment; granting in part and denying in part #262 Acceleron's Motion for Partial Summary Judgment. See Order for specifics re: ruling on Claims within the motions for summary judgment. Signed by Judge Timothy C. Batten, Sr. on 3/31/20. (rsh)
March 30, 2020 Opinion or Order Filing 478 ORDER: Acceleron objections are overruled, and the Court adopts the R&R #423 . Acceleron motion #254 to strike is denied. Signed by Judge Timothy C. Batten, Sr. on 3/30/20. (rsh)
March 30, 2020 Opinion or Order Filing 477 ORDER adopting in part and rejecting in part #409 Report and Recommendation of Special Master.; granting in part and denying in part #251 Motion to Strike. Specifically, the Court strikes paragraphs 243-44, 253, 255, 261-63, 269, 440, 452-53, 478-79, and 499-501 of Michalsons initial invalidity report. The Court strikes paragraphs 255, 317, 324, 329, 334, 340, 346, 351, and 356 of Michalsons rebuttal invalidity report. The Court declines to strike paragraphs 86-87, 108-09, 111, 153, 140, 141, 234, 235, 155, 257-58, 250-51, 274, 330, 336, and 341 of Michalsons rebuttal invalidity report. Signed by Judge Timothy C. Batten, Sr. on 3/30/2020. (dmb)
March 27, 2020 Filing 476 MOTION for Leave to File Matters Under Seal re: #475 Notice of Filing,, Acceleron's Response in Opposition to Dell's Motion to Strike Portions of the Expert Reports of Michael Milani and William Putnam with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
March 27, 2020 Filing 475 SEALED NOTICE Of Filing Acceleron's Response in Opposition to Dell's Motion to Strike Portions of the Expert Reports of Michael Milani and William Putnam by Acceleron, LLC re #474 Response in Opposition to Motion, (Attachments: #1 Exhibit A - Dell's Second Amended Non-Infringement Contentions, #2 Exhibit B - Dell's Third Amended Non-Infringement Contentions, #3 Exhibit C - 05-24-2019 Rebuttal Report of Jeff Andrien, #4 Exhibit D - 06-07-2019 Responsive Expert Report of Michael K. Milani)(Crain, Norman) Modified on 6/12/2020 (rsh).
March 27, 2020 Filing 474 RESPONSE in Opposition re #458 MOTION to Strike Portions of the Expert Reports of Michael Milani and William Putnam filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal)(Crain, Norman)
March 27, 2020 Filing 473 MOTION for Leave to File Matters Under Seal re: #472 Notice of Filing,, Acceleron's Response in Opposition to Dell's Motion to Strike Portions of the Expert Reports of Michael Milani and William Putnam with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
March 27, 2020 Filing 472 SEALED NOTICE Of Filing Acceleron's Response in Opposition to Dell's Motion to Strike Portions of the Expert Reports of Michael Milani and William Putnam by Acceleron, LLC re #471 Response in Opposition to Motion, (Attachments: #1 Exhibit A - Dell's Second Amended Non-Infringement Contentions, #2 Exhibit B - Dell's Third Amended Non-Infringement Contentions, #3 Exhibit C - 05-24-2019 Rebuttal Report of Jeff Andrien, #4 Exhibit D - 06-07-2019 Responsive Expert Report of Michael K. Milani)(Gravois, Robert) Modified on 4/15/2020 (rsh).
March 27, 2020 Filing 471 RESPONSE in Opposition re #458 MOTION to Strike Portions of the Expert Reports of Michael Milani and William Putnam filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal)(Gravois, Robert)
March 26, 2020 Filing 470 MOTION for Leave to File Matters Under Seal re: #468 Reply to Response to Motion with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
March 26, 2020 Filing 469 REPLY to Response to Motion re #452 MOTION to Exclude Opinions and Testimony of William Putnam filed by Dell, Inc.. (Heyman, Paula)
March 26, 2020 Filing 468 SEALED REPLY to Response to Motion re #452 MOTION to Exclude Opinions and Testimony of William Putnam filed by Dell, Inc.. (Heyman, Paula) Modified on 4/15/2020 (rsh).
March 26, 2020 Submission of #413 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement, filed by William H. Needle, #448 MOTION for Leave to File Matters Under Seal re: #447 Notice of Filing , #454 MOTION for Leave to File Matters Under Seal re: #450 MOTION to Exclude Opinion and Testimony of William Putnam , #440 MOTION for Leave to File Matters Under Seal re: #439 Response (Non-Motion), to Dell's Objections to the Special Master's Report and Recommendation [Doc. 413] Regarding Dell's Motion for Partial Summary Judgment of No Pre-Suit Dam, #453 MOTION for Leave to File Matters Under Seal re: #451 Notice of Filing , #443 MOTION for Leave to File Matters Under Seal re: #442 Notice of Filing , to District Judge Timothy C. Batten Sr.. (dmb)
March 20, 2020 Opinion or Order Filing 467 General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (usw)
March 19, 2020 Filing 466 MOTION for Leave to File Matters Under Seal re: #465 Notice of Filing, Acceleron's Response in Opposition to Dell's Motion to Exclude the Opinions and Testimony of William Putnam with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
March 19, 2020 Filing 465 SEALED NOTICE Of Filing Acceleron's Response in Opposition to Dell's Motion to Exclude the Opinions and Testimony of William Putnam by Acceleron, LLC re #464 Response in Opposition to Motion (Gravois, Robert) Modified on 4/15/2020 (rsh).
March 19, 2020 Filing 464 RESPONSE in Opposition re #452 MOTION to Exclude Opinions and Testimony of William Putnam Redacted filed by Acceleron, LLC. (Gravois, Robert)
March 19, 2020 Filing 463 NOTICE of Appearance by Cynthia Jeannette Lee on behalf of Acceleron, LLC (Lee, Cynthia)
March 19, 2020 Opinion or Order Filing 462 ORDER GRANTING IN PART Dell's #444 Motion To Set Deadlines for Proposed Consolidated Pretrial Order and Other Pretrial Matters. Please see Order for further specifics and directives. Signed by Judge Timothy C. Batten, Sr. on 3/19/2020. (usw)
March 18, 2020 Submission of #461 Reply to Response to Motion, #444 MOTION for Order Setting Deadlines for Proposed Consolidated Pretrial Order and Other Pretrial Matters, and Request for Conference, #456 Response in Opposition to Motion,, to District Judge Timothy C. Batten Sr.. (dmb)
March 17, 2020 Filing 461 REPLY to Response to Motion re #444 MOTION for Order Setting Deadlines for Proposed Consolidated Pretrial Order and Other Pretrial Matters, and Request for Conference filed by Dell, Inc.. (Heard, Preston)
March 13, 2020 Filing 460 MOTION for Leave to File Matters Under Seal re: #459 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heard, Preston)
March 13, 2020 Filing 459 SEALED NOTICE Of Filing Sealed Brief and Exhibit in Support of Motion to Strike by Dell, Inc. re #458 MOTION to Strike Portions of the Expert Reports of Michael Milani and William Putnam (Attachments: #1 Exhibit 1)(Heard, Preston) Modified on 4/15/2020 (rsh).
March 13, 2020 Filing 458 MOTION to Strike Portions of the Expert Reports of Michael Milani and William Putnam with Brief In Support by Dell, Inc.. (Attachments: #1 Brief (redacted), #2 Exhibit 1, #3 Exhibit 2)(Heard, Preston)
March 12, 2020 Filing 457 NOTICE Of Filing Response to Objection by Dell, Inc. re #437 Objection of Acceleron re #423 Special Master's Report and Recommendation re #254 Motion to Strike by Dell, Inc. re #437 Objection, #423 Notice of Filing, (Heyman, Paula)
March 10, 2020 Filing 456 RESPONSE in Opposition re #444 MOTION for Order Setting Deadlines for Proposed Consolidated Pretrial Order and Other Pretrial Matters, and Request for Conference filed by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
March 9, 2020 Submission of #418 REPORT AND RECOMMENDATION of Special Master, #431 Objection, #262 MOTION for Partial Summary Judgment, #430 Notice of Filing, #445 Response (Non-Motion), #446 Notice of Filing, to District Judge Timothy C. Batten Sr.. (adg)
March 6, 2020 Filing 455 Request for Leave of Absence for the following date(s): June 23, 2020 through July 8, 2020, by Norman Andrew Crain. (Crain, Norman)
March 6, 2020 Filing 454 MOTION for Leave to File Matters Under Seal re: #450 MOTION to Exclude Opinion and Testimony of William Putnam by Dell, Inc.. (Attachments: #1 Text of Proposed Order)(Heyman, Paula)
March 5, 2020 Filing 453 MOTION for Leave to File Matters Under Seal re: #451 Notice of Filing with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
March 5, 2020 Filing 452 SEALED MOTION to Exclude Opinions and Testimony of William Putnam with Brief In Support by Dell, Inc.. (Attachments: #1 Brief [REDACTED] Brief ISO Motion to Exclude, #2 Exhibit A - Preboot Execution Environment (PXE) Specification Version 2.1)(Heyman, Paula) Modified on 3/31/2020 (rsh).
March 5, 2020 Filing 451 SEALED NOTICE Of Filing Brief ISO Motion by Dell, Inc. re #450 MOTION to Exclude Opinion and Testimony of William Putnam (Heyman, Paula) Modified on 3/31/2020 (rsh).
March 5, 2020 Filing 450 DOCUMENT FILED IN ERROR - REDOCKETED AT 452 MOTION to Exclude Opinion and Testimony of William Putnam with Brief In Support by Dell, Inc.. (Attachments: #1 Brief [REDACTED] ISO Motion to Exclude, #2 Exhibit A - Preboot Execution Environment (PXE) Specification V2.1)(Heyman, Paula) Modified on 3/6/2020 (jpa).
March 4, 2020 Opinion or Order Filing 449 ORDER: Acceleron is directed to respond to Dell Inc.'s #444 Motion by 3/10/2020. Signed by Judge Timothy C. Batten, Sr. on 3/4/2020. (dmb)
March 3, 2020 Filing 448 MOTION for Leave to File Matters Under Seal re: #447 Notice of Filing with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
March 3, 2020 Filing 447 SEALED NOTICE Of Filing Response to Objection to Report and Recommendation by Dell, Inc. re #431 Objection to #418 Report and Recommendation (Heyman, Paula) Modified on 3/31/2020 (rsh).
March 3, 2020 Filing 446 NOTICE Of Filing Response to Objection by Dell, Inc. re #431 Acceleron's Objections to #418 Report and Recommendation (Heyman, Paula)
March 3, 2020 Filing 445 RESPONSE re #430 Notice of Filing to Dell's Objections to the Special Master's Report and Recommendation [Doc. 418] Regarding Acceleron's Motion for Partial Summary Judgment on Infringement filed by Acceleron, LLC. (Gravois, Robert)
March 3, 2020 Filing 444 MOTION for Order Setting Deadlines for Proposed Consolidated Pretrial Order and Other Pretrial Matters, and Request for Conference by Dell, Inc.. (Attachments: #1 Exhibit 1 - 02/11/2020 - 03/02/2020 Emails, #2 Text of Proposed Order)(Heard, Preston)
February 28, 2020 Filing 443 MOTION for Leave to File Matters Under Seal re: #442 Notice of Filing with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
February 28, 2020 Filing 442 SEALED NOTICE Of Filing Response to Objections to Special Master Report and Recommendation by Dell, Inc. re #425 Notice of Filing, (Heyman, Paula) Modified on 3/31/2020 (rsh).
February 28, 2020 Filing 441 NOTICE Of Filing Response to Objection to Special Master Report & Recommendation by Dell, Inc. re #425 Notice of Filing, (Heyman, Paula)
February 28, 2020 Filing 440 MOTION for Leave to File Matters Under Seal re: #439 Response (Non-Motion), to Dell's Objections to the Special Master's Report and Recommendation [Doc. 413] Regarding Dell's Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement and Certain Sections of Acceleron's Motion for Partial Summary Judgment of Infringement with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
February 28, 2020 Filing 439 SEALED RESPONSE re #438 Response (Non-Motion), Dell's Objections to the Special Master's Report and Recommendation [Doc. 413] Regarding Dell's Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement and Certain Sections of Acceleron's Motion for Partial Summary Judgment of Infringement filed by Acceleron, LLC. (Gravois, Robert) Modified on 3/31/2020 (rsh).
February 28, 2020 Filing 438 RESPONSE re #428 Notice of Filing, Dell's Objections to the Special Master's Report and Recommendation [Doc. 413] Regarding Dell's Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement and Certain Sections of Acceleron's Motion for Partial Summary Judgment of Infringement filed by Acceleron, LLC. (Gravois, Robert)
February 27, 2020 Filing 437 OBJECTION re #423 Notice of Filing, Special Master's Report and Recommendation re: #254 Acceleron's Motion to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent by Acceleron, LLC. (Roberts, Wesley)
February 25, 2020 Filing 436 NOTICE by Dell, Inc. re #267 Notice of Filing, Supplemental Authority (Attachments: #1 Exhibit A - Supplemental Authority Artic Cat Inc. v. Bombardier)(Heyman, Paula)
February 25, 2020 Submission of #419 MOTION for Leave to File Matters Under Seal re: #413 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement to District Judge Timothy C. Batten Sr. (dmb)
February 19, 2020 Opinion or Order Filing 435 ORDER granting #429 Motion for Leave to File Matters Under Seal. Docket Entry #428 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 2/19/20. (rsh)
February 19, 2020 Opinion or Order Filing 434 ORDER granting #426 Motion for Leave to File Matters Under Seal. Doc. 425 -- Acceleron's Unredacted Objections to the Special Master's Report and Recommendation #413 Regarding Dell's Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement and Certain Sections of Acceleron's Motion for Partial Summary Judgment on Infringement may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 2/19/20. (rsh)
February 18, 2020 Filing 433 RESPONSE re #422 Objection, - Dell's Objections to #409 Special Master's Report and Recommendation Regarding Acceleron's Motion to Strike Portions of Dr. William Michalson's Invalidity Reports filed by Acceleron, LLC. (Roberts, Wesley)
February 18, 2020 Filing 432 NOTICE Of Filing Response to Objection by Dell, Inc. re #421 Objection of Acceleron re #409 Special Master's Report and Recommendation re #251 Motion to Strike (Heyman, Paula)
February 18, 2020 Filing 431 OBJECTION re #418 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, filed by William H. Needle by Acceleron, LLC. (Gravois, Robert)
February 18, 2020 Filing 430 NOTICE Of Filing Objection to Report and Recommendation by Dell, Inc. re #418 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, filed by William H. Needle (Heyman, Paula)
February 14, 2020 Filing 429 MOTION for Leave to File Matters Under Seal re: #428 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
February 14, 2020 Filing 428 SEALED NOTICE Of Filing Objection to Report and Recommendation by Dell, Inc. re #413 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement, filed by William H. Needle (Heyman, Paula) Modified on 2/19/2020 to remain permanently sealed (rsh).
February 14, 2020 Filing 427 NOTICE Of Filing Objection to Report and Recommendation by Dell, Inc. re #413 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement, filed by William H. Needle (Heyman, Paula)
February 14, 2020 Filing 426 MOTION for Leave to File Matters Under Seal re: #425 Notice of Filing, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of the Motion to File Under Seal, #2 Text of Proposed Order on Motion to File Under Seal re: Objections)(Gravois, Robert)
February 14, 2020 Filing 425 SEALED NOTICE Of Filing by Acceleron, LLC re #413 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement, filed by William H. Needle (Gravois, Robert) Modified to permanently seal on 2/19/2020 (rsh).
February 14, 2020 Filing 424 OBJECTION re #413 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement, filed by William H. Needle by Acceleron, LLC. (Gravois, Robert)
February 6, 2020 Filing 423 NOTICE Of Filing Report and Recommendation by William H. Needle recommending DENYING #254 Acceleron's MOTION to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent. Signed by Special Master William H. Needle on 2/6/20. (rsh) Modified on 3/30/2020 to unseal at direction of Chambers (rsh).
February 5, 2020 Submission of #251 MOTION to Strike Portions of Dr. William Michalson's Invalidity Reports, #409 REPORT AND RECOMMENDATION of Special Master, #422 Objection, #421 Objection to District Judge Timothy C. Batten Sr. (adg)
February 5, 2020 Submission of #334 MOTION for Leave to File MOTION for Judgment on the Pleadings and Corresponding Motion for Judgment on the Pleadings, #366 REPORT AND RECOMMENDATIONS of Special Master, #394 Objections to Report and Recommendation, to District Judge Timothy C. Batten Sr.. (adg)
February 3, 2020 Filing 422 OBJECTION re #409 REPORT AND RECOMMENDATION of Special Master re #251 MOTION to Strike Portions of Dr. William Michalson's Invalidity Reports, filed by William H. Needle by Dell, Inc.. (Attachments: #1 Exhibit A)(Heyman, Paula)
February 3, 2020 Filing 421 OBJECTION re #409 REPORT AND RECOMMENDATION of Special Master re #251 MOTION to Strike Portions of Dr. William Michalson's Invalidity Reports, filed by William H. Needle by Acceleron, LLC. (Gravois, Robert)
January 31, 2020 Filing 420 REDACTION to #413 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement, filed by William H. Needle by Dell, Inc.. (Heyman, Paula)
January 31, 2020 Filing 419 MOTION for Leave to File Matters Under Seal re: #413 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement, filed by William H. Needle with Brief In Support by Dell, Inc.. (Attachments: #1 Brief Brief in Support of Motion to Seal re 413 R & R, #2 Exhibit A - Redacted R&R, #3 Text of Proposed Order)(Heyman, Paula)
January 28, 2020 Filing 418 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Partial Summary Judgment, filed by William H. Needle, recommending that 1) Acceleron's motion for partial summary judgment on infringement as to whether the blade enclosures of the Ml000e, FX2, VRTX and MX7000 products provide "air flow from the front to the rear of the chassis" and, thus, literally infringe Claim 3 be DENIED; 2) Acceleron's motion for partial summary judgment on infringement as to whether passthrough IOMs in the accused Ml000e, FX2, VRTX and MX7000 products are ethernet switch modules and infringe Claims 3, 20 and 24 be GRANTED; and 3) Acceleron's motion for partial summary judgment on infringement as to whether Fibre Channel and InfiniBand IOMs in the accused Ml000e, FX2, VRTX and MX7000 products are ethernet switch modules and infringe Claims 3, 20 and 24 be GRANTED. Signed on 1/28/20 by Special Master William H. Needle (rsh) Modified on 1/28/2020 (rsh). Modified on 3/31/2020 to unseal at direction of Chambers (rsh).
January 27, 2020 Opinion or Order Filing 417 ORDER granting #380 Consent Motion for Leave to File Matters Under Seal. Docket No. 364 will remain permanently sealed and be replaced on the public record with the redacted version #384 . Signed by Judge Timothy C. Batten, Sr. on 1/27/20. (rsh)
January 27, 2020 Opinion or Order Filing 416 ORDER granting #376 Motion for Leave to File Matters Under Seal. Acceleron's Unredacted Response #375 in Opposition to Dell's Objections to the Special Master's Report and Recommendation Re: Dell's Motion for Partial Summary Judgment of Invalidity and Non-Infringement and Certain Portions of Acceleron's Motion for Partial Summary Judgment of Infringement may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 1/27/20. (rsh)
January 27, 2020 Opinion or Order Filing 415 ORDER granting #373 Motion for Leave to File Matters Under Seal. ACCELERON'S UNREDACTED RESPONSE #372 TO DELLS OBJECTIONS TO THE SPECIAL MASTERS REPORT AND RECOMMENDATION ON ITS MOTION TO EXCLUDE AND/OR STRIKE DELLS IMPROPER STATEMENT OF ADDITIONAL MATERIAL FACTS AND REPLY EXHIBITS may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 1/27/20. (rsh)
January 24, 2020 Filing 414 NOTICE by Acceleron, LLC re #254 MOTION to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent of Supplemental Authority (Attachments: #1 Exhibit A - Wasica Finance GmbH v. Schrader Int'l)(Crain, Norman)
January 24, 2020 Filing 413 (SEALED) REPORT AND RECOMMENDATION of Special Master William H. Needle re #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non- Infringement and certain sections of #262 MOTION for Partial Summary Judgment. It is RECOMMENDED that Dell's Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement be GRANTED IN PART to the extent of barring pre-suit damages from 11/11/2009 and DENIED IN PART to the extent of barring pre-suit damages from 11/28/2009 to 11/11/2009; that Dell's non-infringement claims 14-17 of the MSJ be DENIED; that Dell's non-infringement claims 20 of the 1855, 1955, MX1000e, VRTX and FX2 products be GRANTED. That Acceleron's claim 20 MX1000e, VRTX and FX2 products. That Dell's claim 22 with regard to whether the CM Cs and DRAC/MC of the Accused Products are configured to issue to the CPU module an IPMI Get Watchdog Timer command that retrieves the status of an OS be DENIED; Both Dell's motion for partial summary judgment of non-infringement of Claim 24 and Acceleron's motion for partial summary judgment on Infringement of Claim 24 by Dell's Ml000e, FX2, VRTX and MX7000 products with regard to the issue of whether Dell's switch versions of its data input/output modules filter communications internal and external to the computer network appliance to limit collisions caused by communications traffic be DENIED; Dell's motion with regard to the issue of whether Acceleron presented evidence to support infringement of four of its Doctrine of Equivalents theories be DENIED; and Dell's motion that the Accused Products cannot infringe any asserted claim of the '021 Patent under Acceleron's Doctrine of Equivalents theories because they ensnare the prior art be DENIED. (adg) Modified on 1/24/2020 to put sealed text at front of entry (adg). Modified on 1/24/2020 (adg).
January 13, 2020 Filing 412 RESPONSE re #394 Objections to Report and Recommendation #366 in regard to #334 Acceleron Motion to File Judgment on the Pleadings filed by Dell, Inc.. (Attachments: #1 Exhibit A - Email from Counsel re defenses and claims, #2 Exhibit B - Email between counsel re close of discovery)(Heyman, Paula)
January 13, 2020 Opinion or Order Filing 411 ORDER granting #408 Motion for Leave to File Matters Under Seal. Docket entry #407 may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 1/13/20. (rsh)
January 13, 2020 Opinion or Order Filing 410 ORDER granting #405 Motion for Leave to File Matters Under Seal. Docket Entry #404 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 1/13/20. (rsh)
January 13, 2020 Filing 409 REPORT AND RECOMMENDATION of Special Master re #251 MOTION to Strike Portions of Dr. William Michalson's Invalidity Reports, filed by William H. Needle. (rsh) Modified/unsealed at direction of Chambers on 1/24/2020 (rsh).
January 10, 2020 Filing 408 MOTION for Leave to File Matters Under Seal re: #407 Response (Non-Motion) [CORRECTED] Response re #392 Objections to Report and Recommendation, [CORRECTION of Dkt 404 Previously filed] - with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
January 10, 2020 Filing 407 SEALED CORRECTED REPLY to #392 Objections to Report and Recommendation (RE: [Dkt] 404 Previously filed) - filed by Dell, Inc.. (Heyman, Paula) Modified on 1/13/2020 (rsh). Modified on 1/15/2020 (adg).
January 10, 2020 Filing 406 CORRECTED REPLY to Objections to #392 Objections to Report and Recommendation, (RE: Dkt #403 Previously filed] -) filed by Dell, Inc.. (Heyman, Paula) Text modified on 1/15/2020 (adg).
January 10, 2020 Filing 405 MOTION for Leave to File Matters Under Seal re: #404 Reply to Objection to Report and Recommendation with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
January 10, 2020 Filing 404 SEALED REPLY to Objection to Report and Recommendation re #392 Objections to Report and Recommendation, filed by Dell, Inc. (Heyman, Paula)
January 10, 2020 Filing 403 REPLY to Objection to Report and Recommendation re #392 Objections to Report and Recommendation, filed by Dell, Inc.. (Heyman, Paula)
January 10, 2020 Submission of #384 REPORT AND RECOMMENDATIONS of Special Master re #364 REPORT AND RECOMMENDATION of Special Master re #257 MOTION for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving, to District Judge Timothy C. Batten Sr.. (dmb)
January 8, 2020 Opinion or Order Filing 402 ORDER GRANTING #401 Motion for Leave to File Matters Under Seal re #400 . Acceleron's Response in Opposition to Dell's Objections to the Special Master's Report and Recommendation Regarding Acceleron's Motion for Partial Summary Judgment of Finding No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX. Signed by Judge Timothy C. Batten, Sr. on 1/8/2020. (adg)
January 6, 2020 Filing 401 MOTION for Leave to File Matters Under Seal re: #400 Response (Non-Motion), with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal re: Dkt. 400, #2 Text of Proposed Order)(Gravois, Robert)
January 6, 2020 Filing 400 PROVISIONALLY SEALED RESPONSE re #399 Response (Non-Motion) Acceleron's Response in Opposition to Dell's Objections to the Special Master's Report and Recommendation Regarding Acceleron's Motion for Partial Summary Judgment of Finding No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX filed by Acceleron, LLC. (Gravois, Robert)
January 6, 2020 Filing 399 RESPONSE re #385 Objections to Report and Recommendation filed by Acceleron, LLC. (Gravois, Robert)
January 3, 2020 Opinion or Order Filing 398 ORDER GRANTING #390 Motion for Leave to File Matters Under Seal re #388 Reply in Support of Its Motion to Exclude the Opinions of Michael Milani. Signed by Judge Timothy C. Batten, Sr. on 1/3/2020. (adg)
January 3, 2020 Opinion or Order Filing 397 ORDER GRANTING #387 Motion for Leave to File Matters Under Seal. Dkt. No. #385 . will remain permanently sealed and be replaced on the public record with the redacted version Dkt. No. #386 . Signed by Judge Timothy C. Batten, Sr. on 1/3/2019. (adg) Modified on 1/3/2020 to correct text, signature date (adg).
January 3, 2020 Opinion or Order Filing 396 ORDER GRANTING #393 Motion for Leave to File Matters Under Seal. Docket entry #392 may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 1/3/2020. (adg) Modified on 1/3/2020 to correct text, signature date (adg).
January 3, 2020 Notification of Docket Correction re #397 Order on Motion for Leave to File Matters Under Seal, #396 Order on Motion for Leave to File Matters Under Seal. Modified on 1/3/2020 to correct text, signature date. (adg)
January 2, 2020 Filing 395 NOTICE Of Filing by Acceleron, LLC (Attachments: #1 Exhibit A - [Dell's Version] Excerpts of Invalidity/Validity Expert Reports Relating to Portions of Rebuttal Invalidity Report Challenged in Acceleron's Motion to Strike, #2 Exhibit B - [Acceleron's Revised Version] Excerpts of Invalidity/Validity Expert Reports Relating to Portions of Rebuttal Invalidity Report Challenged in Acceleron's Motion to Strike)(Crain, Norman)
December 31, 2019 Submission of #364 REPORT AND RECOMMENDATION of Special Master re #257 MOTION for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX, filed by William H. Needle; #342 MOTION to Exclude OPINIONS OF MICHAEL MILANI ; #370 MOTION for Leave to File Matters Under Seal re: #369 Notice of Filing; #373 MOTION for Leave to File Matters Under Seal re: #372 Response (Non-Motion); #376 MOTION for Leave to File Matters Under Seal re: #375 Response (Non-Motion); #380 Consent MOTION for Leave to File Matters Under Seal re: #364 REPORT AND RECOMMENDATION of Special Master re #257 MOTION for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds, to District Judge Timothy C. Batten Sr.. (adg)
December 30, 2019 Filing 394 OBJECTIONS to #366 Report and Recommendation filed by Acceleron, LLC. (Gresham, Dan)
December 27, 2019 Filing 393 MOTION for Leave to File Matters Under Seal re: #392 Objections to Report and Recommendation, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to File Under Seal re: Objections, #2 Text of Proposed Order on Motion to File Under Seal re: Objections)(Gravois, Robert)
December 27, 2019 Filing 392 SEALED OBJECTIONS to #384 Report and Recommendation Regarding Acceleron's Motion for Partial Summary Judgment of Finding No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX filed by Acceleron, LLC. (Gravois, Robert) Modified on 1/3/2020 (adg).
December 27, 2019 Filing 391 OBJECTIONS to #384 Report and Recommendation Regarding Acceleron's Motion for Partial Summary Judgment of Finding No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX filed by Acceleron, LLC. (Gravois, Robert)
December 23, 2019 Filing 390 MOTION for Leave to File Matters Under Seal re: #388 Reply to Response to Motion with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Meek, Kevin)
December 23, 2019 Filing 389 REPLY to Response to Motion re #342 MOTION to Exclude OPINIONS OF MICHAEL MILANI [REDACTED] filed by Dell, Inc.. (Meek, Kevin)
December 23, 2019 Filing 388 SEALED REPLY to Response to Motion re #342 MOTION to Exclude OPINIONS OF MICHAEL MILANI filed by Dell, Inc.. (Meek, Kevin) Modified on 1/3/2020 (adg).
December 23, 2019 Filing 387 MOTION for Leave to File Matters Under Seal re: #385 Objections to Report and Recommendation with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
December 23, 2019 Filing 386 OBJECTIONS to #384 Report and Recommendation [REDACTED] filed by Dell, Inc.. (Heyman, Paula)
December 23, 2019 Filing 385 SEALED OBJECTIONS to #384 Report and Recommendation filed by Dell, Inc.. (Heyman, Paula) Modified on 1/3/2020 (adg).
December 18, 2019 NOTICE setting Trial: Jury Trial set for 6/1/2020 at 09:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Pretrial Conference set for 5/28/2020 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Motions in limine shall be filed on or before 05/11/2020; responses to motions in limine shall be filed on or before 05/18/2020. Only one consolidated motion in limine shall be filed by each party and the motion shall not exceed 25 pages. The response brief to the motion in limine shall not exceed 25 pages.(usw)
December 17, 2019 Filing 384 REPORT AND RECOMMENDATIONS (REDACTED) of Special Master re #257 MOTION for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX, filed by William H. Needle. Signed by Special Master William H. Needle on 12/5/19. (rsh)
December 16, 2019 Opinion or Order Filing 383 ORDER adopting #347 Report and Recommendation of Special Master as Order of the Court, which recommends granting Dell's motion #344 to seal. Signed by Judge Timothy C. Batten, Sr. on 12/16/19. (rsh)
December 16, 2019 Opinion or Order Filing 382 ORDER granting #354 Motion for Leave to File Matters Under Seal. Dell Inc's Reply in Support of Its Motion for Leave to Amend the Scheduling Order and Dell's Answer and Counterclaims to Acceleron, LLC's First Amended Complaint and Exhs L-N (Dkt 353, 353-1, 353-2, 353-3) may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 12/13/19. (rsh)
December 16, 2019 Opinion or Order Filing 381 ORDER granting #359 Motion for Leave to File Matters Under Seal. Dell's motion for partial summary judgment of invalidity and non-infringement and certain portions of Acceleron's motion for partial summary judgment of infringement #358 may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 12/13/19. (rsh)
December 16, 2019 Submission of #344 MOTION for Leave to File Matters Under Seal re: #343 Notice of Filing, #347 REPORT AND RECOMMENDATION of Special Master re #344 MOTION for Leave to File Matters Under Seal re: #343 Notice of Filing, filed by William H. Needle, to District Judge Timothy C. Batten Sr.. (adg)
December 16, 2019 Submission of #329 REPORT AND RECOMMENDATION of Special Master, #314 MOTION to Exclude And/Or Strike Dell's Improper Statement of Additional Material Facts and Reply Exhibits, #330 REPORT AND RECOMMENDATION of Special Master, #260 MOTION for Partial Summary Judgment of Invalidity and Non-Infringement, #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement, #262 MOTION for Partial Summary Judgment, #355 Objection, #356 Objection, #357 Objection,to District Judge Timothy C. Batten Sr.. (adg)
December 13, 2019 Filing 380 Consent MOTION for Leave to File Matters Under Seal re: #364 REPORT AND RECOMMENDATION of Special Master re #257 MOTION for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX, filed by William H. Needle with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit A - Dkt. 364 Report and Recommendation (REDACTED), #3 Text of Proposed Order)(Heyman, Paula)
December 12, 2019 Filing 379 REPORT AND RECOMMENDATIONS (REDACTED) of Special Master re #262 MOTION for Partial Summary Judgment filed by Acceleron, LLC Signed by Special Master William Needle on 11/4/19. (rsh)
December 12, 2019 Opinion or Order Filing 378 ORDER granting #346 Motion for Leave to File Matters Under Seal. Docket Entry #330 will remain permanently sealed and be replaced on the public record with the redacted version attached as Exhibit A to Dells Brief #346 in Support of its Motion to Seal. Signed by Judge Timothy C. Batten, Sr. on 12/11/19. (rsh)
December 12, 2019 Document 330 is sealed. (rsh)
December 11, 2019 Filing 377 RESPONSE in Opposition re #360 MOTION for Order to Reset Proposed Trial Dates filed by Acceleron, LLC. (Attachments: #1 Exhibit A - October 21, 2019 E-mail from the Court, #2 Exhibit B - October 30 - November 12, 2019 E-mail Chain re: Trial Scheduling, #3 Exhibit C - November 14 - 20, 2019 E-mail Chain re: Trial Dates, #4 Exhibit D - November 25, 2019 Heyman Letter and Attached Undertaking Executed by David Kuznick, #5 Exhibit E - Executed Undertaking of Anthony Peterman)(Crain, Norman)
December 10, 2019 Filing 376 MOTION for Leave to File Matters Under Seal re: #375 Response (Non-Motion), with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
December 10, 2019 Filing 375 SEALED RESPONSE re #374 Response (Non-Motion) Acceleron's Response to Dell's Objections to the Special Master's Report and Recommendation Re: Dell's Motion for Partial Summary Judgment of Invalidity and Non-Infringement and Certain Portions of Accleron's Motion for Partial Summary Judgment of Infringement filed by Acceleron, LLC. (Gravois, Robert) Modified on 1/27/2020 to remain permanently sealed (rsh).
December 10, 2019 Filing 374 RESPONSE re #357 Objection - Dell's Objection to #330 Special Master's Report and Recommendation filed by Acceleron, LLC. (Gravois, Robert)
December 10, 2019 Filing 373 MOTION for Leave to File Matters Under Seal re: #372 Response (Non-Motion), with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
December 10, 2019 Filing 372 SEALED RESPONSE re #371 Response (Non-Motion) Acceleron's Response to Dell's Objections to the Special Master's Report and Recommendation Re_Acceleron's Motion to Exclude and/or Strike Dell's Improper Statement of Additional Material Facts and Reply Exhibits filed by Acceleron, LLC. (Crain, Norman) Modified on 1/27/2020 to remain sealed (rsh).
December 10, 2019 Filing 371 RESPONSE re #356 Objection, - Dell's Objection to #329 Special Master's Report and Recommendation filed by Acceleron, LLC. (Crain, Norman)
December 9, 2019 Filing 370 MOTION for Leave to File Matters Under Seal re: #369 Notice of Filing,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Crain, Norman)
December 9, 2019 Filing 369 SEALED NOTICE Of Filing by Acceleron, LLC re #368 Response in Opposition to Motion,, (Attachments: #1 Exhibit A - Initial Report of Michael K. Milani, issued on April 1, 2019, #2 Exhibit B - Responsive Report of Michael K. Milani, issued on June 7, 2019, #3 Exhibit C - Rebuttal Report of Jeff Andrien, issued on May 24, 2019, #4 Exhibit F - Rebuttal Expert Report of William O. Putnam, June 7, 2019, #5 Exhibit G - Michalson Rebuttal Report, May 24, 2019, #6 Exhibit H - Putnam Initial Expert Report April 1, 2019)(Crain, Norman) (Attachment 2 replaced on 12/10/2019) (dgs). Modified on 6/12/2020 (rsh).
December 9, 2019 Filing 368 RESPONSE in Opposition re #342 MOTION to Exclude OPINIONS OF MICHAEL MILANI filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Dkt. No. 446, MLC INTELLECTUAL PROPERTY, LLC, Plaintiff, v. MICRON TECHNOLOGY, INC., Defendant., #5 Exhibit E - Dkt. No. 771, MLC INTELLECTUAL PROPERTY, LLC, Plaintiff, v. MICRON TECHNOLOGY, INC., Defendant., #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - Filed Under Seal)(Crain, Norman)
December 9, 2019 Filing 367 RESPONSE re #355 Objection - Acceleron's Objection to #330 Special Master's Report and Recommendation filed by Dell, Inc.. (Meek, Kevin)
December 9, 2019 Filing 366 REPORT AND RECOMMENDATIONS of Special Master William A. Needle recommending DENYING #334 MOTION for Leave to File MOTION for Judgment on the Pleadings filed by Acceleron, LLC. Signed by Special Master William A. Needle (rsh). (Additional attachment(s) added on 8/28/2020: #1 Corrected main document) (adg).
December 6, 2019 Filing 365 REPLY to Response to Motion re #334 MOTION for Leave to File MOTION for Judgment on the Pleadings and Corresponding Motion for Judgment on the Pleadings filed by Acceleron, LLC. (Gresham, Dan)
December 5, 2019 Filing 364 SEALED REPORT AND RECOMMENDATION of Special Master re #257 MOTION for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX, filed by William H. Needle. (adg) Modified on 1/27/2020 to remain permanently sealed (rsh).
December 5, 2019 Opinion or Order Filing 363 ORDER adopting #339 Report and Recommendation of Special Master; granting #323 Motion for Leave to File Matters Under Seal; granting #328 Motion for Leave to File Matters Under Seal; granting #333 Motion for Leave to File Matters Under Seal; granting #336 Motion for Leave to File Matters Under Seal; granting #274 Motion for Leave to File Matters Under Seal; granting #280 Motion for Leave to File Matters Under Seal; granting #287 Motion for Leave to File Matters Under Seal; granting #290 Motion for Leave to File Matters Under Seal; granting #293 Motion for Leave to File Matters Under Seal; granting #296 Motion for Leave to File Matters Under Seal; granting #300 Motion for Leave to File Matters Under Seal; granting #307 Motion for Leave to File Matters Under Seal; granting #310 Motion for Leave to File Matters Under Seal; granting #313 Motion for Leave to File Matters Under Seal; granting #317 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 12/5/2019. (adg)
December 5, 2019 Notification of Docket Correction re #362 Order. Modified on 1 2/5/2019 to correct docket text to remove reference to specific motions to seal. The order shall apply to any future motions to seal in this matter. (adg)
December 4, 2019 Opinion or Order Filing 362 ORDER terminates the reference of motions to seal to special master William H. Needle . The parties shall inform the Court of any objections to this order by Monday, December 9. Signed by Judge Timothy C. Batten, Sr. on 12/4/2019. (adg) Modified on 12/5/2019 to correct docket text to remove reference to specific motions to seal(adg).
December 2, 2019 Opinion or Order Filing 361 ORDER GRANTING Plaintiff's #350 Motion for Extension of Time to Respond to #342 MOTION to Exclude OPINIONS OF MICHAEL MILANI. Plaintiff may respond by 12/9/2019 and Dell's reply is due on or before 12/23/2019. Signed by Judge Timothy C. Batten, Sr. on 12/2/2019. (adg)
November 27, 2019 Filing 360 MOTION for Order to Reset Proposed Trial Dates with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit A - Hearing transcript excerpts)(Flake, Andrew)
November 26, 2019 Filing 359 MOTION for Leave to File Matters Under Seal re: #358 Notice of Filing,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
November 26, 2019 Filing 358 SEALED NOTICE Of Filing Objections to Special Master's Report and Recommendation Re: Dell's Motion for Partial Summary Judgment of Invalidity and Non-Infringement and Certain Portions of Acceleron's Motion for Partial Summary Judgment of Infringement by Dell, Inc. re #330 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Summary Judgment (Partial) on Infringement, filed by William H. Needle (Heyman, Paula)
November 26, 2019 Filing 357 OBJECTION re #330 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Summary Judgment (Partial) on Infringement, filed by William H. Needle by Dell, Inc.. (Heyman, Paula)
November 26, 2019 Filing 356 OBJECTION re #329 REPORT AND RECOMMENDATION of Special Master re #314 MOTION to Exclude And/Or Strike Dell's Improper Statement of Additional Material Facts and Reply Exhibits, filed by William H. Needle by Dell, Inc.. (Heyman, Paula)
November 25, 2019 Filing 355 OBJECTION re #330 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Summary Judgment (Partial) on Infringement, filed by William H. Needle by Acceleron, LLC. (Crain, Norman)
November 22, 2019 Filing 354 MOTION for Leave to File Matters Under Seal re: #353 Reply to Response to Motion,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
November 22, 2019 Filing 353 SEALED REPLY to Response to Motion re #326 MOTION to Amend and REQUEST LEAVE of THE COURT, TO AMEND THE SCHEDULING ORDER AND DELL'S ANSWER AND COUNTERCLAIMS TO ACCELERON, LLC'S FIRST AMENDED COMPLAINT filed by Dell, Inc.. (Attachments: #1 Exhibit L - [SEALED] 2019.11.12 Ltr. re Pattillo Discovery, #2 Exhibit M - [SEALED] Ltr from Flake to Dearing, #3 Exhibit N - [SEALED] 2006.12.21 Email from Pattillo)(Heyman, Paula)
November 22, 2019 Filing 352 REPLY to Response to Motion re #326 MOTION to Amend and REQUEST LEAVE of THE COURT, TO AMEND THE SCHEDULING ORDER AND DELL'S ANSWER AND COUNTERCLAIMS TO ACCELERON, LLC'S FIRST AMENDED COMPLAINT filed by Dell, Inc.. (Attachments: #1 Exhibit A - 2019.04.23 1_51pm Patillo email, #2 Exhibit B - 2019.05.17 Email re Contact Information, #3 Exhibit C - 2019.05.21 re Dell Non-Party Subpoena to Pattillo, #4 Exhibit D - 2019.06.19 re Dell ACC Pattillo Documents, #5 Exhibit E - 2019.06.20 re Dell ACC Pattillo Documents, #6 Exhibit F - 2019.07.08 re Dell ACC Pattillo Documents, #7 Exhibit G - 2019.07.17 re Pattillo Obj and Resp to Dell Subpoena, #8 Exhibit H - 2019.07.18 re Pattillo Obj and Resp to Dell Subpoena, #9 Exhibit I - 2019.07.29 re Pattillo Obj and Resp to Dell Subpoena, #10 Exhibit J - 2019.07.26 re Pattillo Depo Confirmation, #11 Exhibit K - 2019.04.30 re Pattillo Service, #12 Exhibit L - FILED UNDER SEAL, #13 Exhibit M - FILED UNDER SEAL, #14 Exhibit N - FILED UNDER SEAL)(Heyman, Paula)
November 22, 2019 Filing 351 RESPONSE in Opposition re #334 MOTION for Leave to File MOTION for Judgment on the Pleadings and Corresponding Motion for Judgment on the Pleadings filed by Dell, Inc.. (Attachments: #1 Exhibit 1 - 07-24-2019 Email from Heyman to Counsel)(Heyman, Paula)
November 22, 2019 Filing 350 Consent MOTION for Extension of Time to Respond to Dell's Motion to Exclude [Doc. 342] by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
November 22, 2019 Filing 349 NOTICE of Appearance by Preston Hamilton Heard on behalf of Dell, Inc. (Heard, Preston)
November 22, 2019 Filing 348 NOTICE of Appearance by William M. Ragland, Jr on behalf of Dell, Inc. (Ragland, William)
November 21, 2019 Filing 347 REPORT AND RECOMMENDATION of Special Master re #344 MOTION for Leave to File Matters Under Seal re: #343 Notice of Filing , filed by William H. Needle. Dft Dell Inc's motion to file matters under seal should be GRANTED. Dell Inc.'s Brief in Support of its Motion to Exclude the Opinions of Michael Milani (Dkt. No. 343) and Exhibits A-E and G-M (Dkt. Nos. 343-1,343-2, 343-3, 343-4, 343-5, 343-6, 343-7, 343-8, 343-9 and 343-10) may remain permanently sealed. Signed by Special Master William H. Needle on 11/20/19. (rsh)
November 20, 2019 Filing 346 MOTION for Leave to File Matters Under Seal re: #330 REPORT AND RECOMMENDATION of Special Master re #262 MOTION for Summary Judgment (Partial) on Infringement, filed by William H. Needle with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit A - Redacted Special Master's Report and Recommendation, #3 Text of Proposed Order)(Flake, Andrew)
November 20, 2019 Filing 345 PROVISIONALLY SEALED NOTICE Of Filing - Refiling of DKT 343-1 [Exhibit A] and DKT 343-2 [Exhibit B] by Dell, Inc. re #343 Notice of Filing,,,, (Attachments: #1 Exhibit)(Meek, Kevin)
November 19, 2019 Filing 344 MOTION for Leave to File Matters Under Seal re: #343 Notice of Filing,,,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Text of Proposed Order)(Meek, Kevin)
November 19, 2019 Filing 343 SEALED NOTICE Of Filing BRIEF ISO MOTION TO EXCLUDE by Dell, Inc. re #342 MOTION to Exclude OPINIONS OF MICHAEL MILANI (Attachments: #1 Exhibit A - [SEALED] 2019-04-01 Expert Report and Exhibits of Michael K. Milani, #2 Exhibit B - [SEALED] Responsive Expert Report of Michael K. Milani and Exhibits, June 7, 2019..., #3 Exhibit C - [SEALED] 2019-07-02 Deposition Transcript of Michael Milani, #4 Exhibit D - [SEALED] Acceleron Bank Statement, #5 Exhibit E - [SEALED] 2019-05-24 Excerpts of Andrien, Jeff Report, #6 Exhibit G -[SEALED] Dell Inc. Agreement (Mar. 15, 2005), #7 Exhibit H - [SEALED] EqualLogic, Inc. Agreement (Apr. 18. 2007), #8 Exhibit I - [SEALED] Dell Inc. Agreement (May 4, 2010), #9 Exhibit J - [SEALED] Dell Inc. Agreement (Dec. 2, 2010), #10 Exhibit K - [SEALED] Dell Inc. Agreement (Dec. 14, 2010), #11 Exhibit L -[SEALED] Dell Inc. Agreement (June 22, 2011), #12 Exhibit M - [SEALED] 2001-12-12 Email from Freet to Watt)(Meek, Kevin)
November 19, 2019 Filing 342 MOTION to Exclude OPINIONS OF MICHAEL MILANI with Brief In Support by Dell, Inc.. (Attachments: #1 Brief [REDACTED] ISO Motion to Exclude The Opinions of Michael Milani, #2 Exhibit A - FILED UNDER SEAL, #3 Exhibit B - FILED UNDER SEAL, #4 Exhibit C - FILED UNDER SEAL, #5 Exhibit D - FILED UNDER SEAL, #6 Exhibit E - FILED UNDER SEAL, #7 Exhibit F - Inter Partes Review Certificate, #8 Exhibit G - FILED UNDER SEAL, #9 Exhibit H - FILED UNDER SEAL, #10 Exhibit I - FILED UNDER SEAL, #11 Exhibit J - FILED UNDER SEAL, #12 Exhibit K - FILED UNDER SEAL, #13 Exhibit L - FILED UNDER SEAL, #14 Exhibit M - FILED UNDER SEAL)(Meek, Kevin)
November 18, 2019 Opinion or Order Filing 341 ORDER modifying #338 Order re: page limits for parties' objections to special master's report and recommendations. Parties should adhere to a fifteen-page limit for any objections to the special masters report and recommendations. Objections should be filed within twenty-one days. Responses to objections, should parties feel necessary to file, shall be limited to ten pages and filed within fourteen days after objections are filed. The parties will not be permitted to file any replies. Signed by Judge Timothy C. Batten, Sr. on 11/18/19. (rsh)
November 13, 2019 Opinion or Order Filing 340 ORDER re: redaction procedures. All future reports and recommendations by the special master will be filed under provisional seal. The parties will have seven days from the filing to jointly notify the Court of any portions of the R&R that require permanent seal and file one redacted version of the R&R to the docket. Parties should similarly email a copy of the redacted version to the law clerk. If parties do not notify the Court of any redactions, the R&R shall be unsealed. Parties are cautioned against over redacting the R&Rs; failure to exercise discretion will result in the R&R being unsealed with no redactions. Signed by Judge Timothy C. Batten, Sr. on 11/13/19. (rsh)
November 12, 2019 Filing 339 REPORT AND RECOMMENDATION of Special Master that Defendant Dell Inc's Motions #274 , #280 , #293 , #296 , #310 , #313 , and #328 be GRANTED. It is also recommended that Plaintiff Acceleron, LLC's Motions #287 , #290 , #300 , #304 , #307 , #317 , #323 , and #336 be GRANTED. Lastly, it is recommended that parties' Joint Motion #33 be GRANTED. (usw)
November 12, 2019 Opinion or Order Filing 338 ORDER directing page limits in response to Special Master's report and recommendations. Parties should adhere to a fifteen-page limit for any objections. Responses to objections, should parties feel necessary to file, shall also be limited to fifteen pages, and replies to responses shall be limited to ten pages. Signed by Judge Timothy C. Batten, Sr. on 11/12/19. (rsh)
November 8, 2019 Filing 337 RESPONSE in Opposition re #326 MOTION to Amend and REQUEST LEAVE of THE COURT, TO AMEND THE SCHEDULING ORDER AND DELL'S ANSWER AND COUNTERCLAIMS TO ACCELERON, LLC'S FIRST AMENDED COMPLAINT filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Email from Court Setting Trial Date)(Gravois, Robert)
November 8, 2019 Filing 336 MOTION for Leave to File Matters Under Seal re: #335 Notice of Filing, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support, #2 Text of Proposed Order)(Crain, Norman)
November 8, 2019 Filing 335 SEALED NOTICE Of Filing by Acceleron, LLC re #334 MOTION for Leave to File MOTION for Judgment on the Pleadings and Corresponding Motion for Judgment on the Pleadings (Crain, Norman) Modified on 12/5/2019 (adg).
November 8, 2019 Filing 334 MOTION for Leave to File , MOTION for Judgment on the Pleadings and Corresponding Motion for Judgment on the Pleadings with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Motion for Judgment on the Pleadings and Corresponding Motion for Judgment on the Pleadings, #2 Appendix LEXIS Cases Cited)(Crain, Norman)
November 7, 2019 Filing 333 Joint MOTION for Leave to File Matters Under Seal re: #332 Notice of Filing Special Master Hearing Transcript dated October 11, 2019 with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
November 7, 2019 Filing 332 SEALED NOTICE Of Filing Special Master Hearing Transcript dated October 11, 2019 by Dell, Inc. re #331 Redacted Document (Heyman, Paula) Modified on 12/5/2019 (adg).
November 7, 2019 Filing 331 REDACTION Special Master Hearing Transcript dated October 11, 2019 by Dell, Inc.. (Heyman, Paula)
November 4, 2019 Filing 330 SEALED REPORT AND RECOMMENDATION RECOMMENDING that Dell's #262 Motion for Partial Summary Judgment of Invalidity and Non-Infringement that its accused MX7000 system utilizing Fabric A and B IOMs does not infringe the Asserted Claims be DENIED, and that Acceleron's #263 Motion for Partial Summary Judgment of Infringement that accused MX7000 system does infringe the Asserted Claims be DENIED. Filed by Special Master, William H. Needle. (usw) Modified on 12/12/2019 (rsh).
November 4, 2019 Filing 329 REPORT AND RECOMMENDATION of Special Master re #314 MOTION to Exclude And/Or Strike Dell's Improper Statement of Additional Material Facts and Reply Exhibits.RECOMMENDING that motion be GRANTED and that Dell's Statements of Additional Facts ( [308-1], [309-1], [311-1], and [312-1] ) not be considered by the Court, including excluding from consideration all statements that are supported by reference to a "RSAF" in Dell's Reply Briefs in support of its two summary judgment motions [260-2] and [261-2]. Signed by Special Master, William H. Needle. (usw)
October 25, 2019 Filing 328 MOTION for Leave to File Matters Under Seal re: #327 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
October 25, 2019 Filing 327 SEALED NOTICE Of Filing Dell's Brief in Support of Motion for Leave to Amend by Dell, Inc. (Attachments: #1 Exhibit 2 - [SEALED] EXHIBIT 2 - 2019-07-31 Pattillo, Robert [HC][MINI], #2 Exhibit 3 - [SEALED] EXHIBIT 3 - Dell's Proposed First Amended Answer to First Amended Complaint, #3 Exhibit 4 - [SEALED] EXHIIBIT 4 - 2019-10-01 - Flake Letter to Dearing, #4 Exhibit 7 - [SEALED] EXHIBIT 7 - 2018-11-16 Heyman Ltr to Counsel re Supp of Dell's RFP, #5 Exhibit 8 - [SEALED] EXHIBIT 8 - 2018-12-11 Gravois Ltr to Heyman, #6 Exhibit 10 - [SEALED] EXHBIT 10 - Excerpt of 2018-12-26 ACC's Responses to Dell's 3rd ROGS [18-22], #7 Exhibit 11 - [SEALED] EXHIBIT 11 - 2019-01-04 Heyman Ltr to Crain re ACC Production, #8 Exhibit 12 - [SEALED] EXHBIT 12 - 2019-01-08 Gravois Ltr to Heyman re 01.04.19 Letter, #9 Exhibit 14 - [SEALED] EXHIBIT 14 - 2018-12-20 Acceleron's Supplemental Initial Disclosures to Dell, #10 Exhibit 15 - [SEALED] EXHIBIT 15 - 2018-10-30 Ramey, Thomas, #11 Exhibit 16 - [SEALED] EXHIBIT 16 - 2019-02-27 Wharton, Scott, #12 Exhibit 17 - [SEALED] EXHIBIT 17 - 2019-02-28 WHARTON, SCOTT 30(b)(6), #13 Exhibit 18 - [SEALED] EXHIBIT 18 - Excerpt of 2019-02-12 SCHOENTHALER, Peter, #14 Exhibit 19 - [SEALED] EXHIBIT 19 - 2018-11-20 Dell NOD 30(b)(6) Acceleron and RFP, #15 Exhibit 20 - [SEALED] EXHIBIT 20 - 2019-01-18 Email from Flake to Court, #16 Exhibit 21 - [SEALED] EXHIBIT 21 - 2019-02-08 ACC's 2nd Suppl. Responses to Dell's 3rd Set of ROGS [18-22], #17 Exhibit 22 - [SEALED] EXHIBIT 22 - 2019-02-11 Heyman Ltr to Eric Maurer, #18 Exhibit 23 - [SEALED] EXHIBIT 23 - 2019-02-12 ACC's 3rd Suppl Responses to Dell's 3rd ROGS [18-22], #19 Exhibit 24 - [SEALED] EXHIBIT 24 - 2019-02-12 Maurer Ltr to Heyman, #20 Exhibit 25 - [SEALED] EXHIBIT 25 - 2019-02-15 Maurer Ltr to Heyman, #21 Exhibit 26 - [SEALED] EXHBIT 26 - Racemi Cap Table, #22 Exhibit 27 - [SEALED] EXHIBIT 27 - ACC-0002547-ACC0002561 (Asset Purchase Agreement), #23 Exhibit 29 - [SEALED] EXHIBIT 29 - 2019-09-19 -Pattillo Privilege Log, #24 Exhibit 32 - [SEALED] EXHIBIT 32 - Racemi Board of Directors Manual, #25 Exhibit 33 - [SEALED] EXHIBIT 33 - 2007-05-31 Holliday Letter to Stansbury, #26 Exhibit 34 - [SEALED] EXHIBIT 34 - Excerpt of 2018-12-18 Watt, Charles, #27 Exhibit 35 - [SEALED] EXHIBIT 35 - Excerpt of ACC-0002494 - Acceleron LLC operating agreement 05-31-2007, #28 Exhibit 36 - [SEALED] EXHIBIT 36 - 2007-04-24 Holliday Ltr to Stansbury, #29 Exhibit 37 - [SEALED] EXHIBIT 37 - Excerpt of 2010-07-16 HP Watt Depositon Transcript, #30 Exhibit 43 - [SEALED] EXHIBIT 43 - 2018-08-22 Excerpt of Freet, Paul, #31 Exhibit 44 - [SEALED] EXHIBIT 44 - Excerpt of 2018-08-23 Derrico, Joel, #32 Exhibit 45 - [SEALED] EXHIBIT 45 - Acceleron Privilege Log)(Heyman, Paula) Modified on 12/5/2019 (adg).
October 25, 2019 Filing 326 MOTION to Amend and REQUEST LEAVE of THE COURT, TO AMEND THE SCHEDULING ORDER AND DELL'S ANSWER AND COUNTERCLAIMS TO ACCELERON, LLC'S FIRST AMENDED COMPLAINT with Brief In Support by Dell, Inc.. (Attachments: #1 Brief REDACTED, #2 Exhibit 1 - Excerpt of 19-01-30 Dell v Acceleron Discovery Hearing, #3 Exhibit 2 - FILED UNDER SEAL, #4 Exhibit 3 - FILED UNDER SEAL, #5 Exhibit 4 - FILED UNDER SEAL, #6 Exhibit 5 - 2017-07-19 Dell 1st RFP to Acceleron [1-88], #7 Exhibit 6 - Excerpt of 2017-08-18 Acceleron's Responses to Dell's 1st RFP [1-88], #8 Exhibit 7 - FILED UNDER SEAL, #9 Exhibit 8 - FILED UNDER SEAL, #10 Exhibit 9 - 2018-11-26 Dell's 3rd ROGS to ACC [18-22], #11 Exhibit 10 - FILED UNDER SEAL, #12 Exhibit 11 - FILED UNDER SEAL, #13 Exhibit 12 - FILED UNDER SEAL, #14 Exhibit 13 - 2013-02-27 Acceleron's Initial Disclosures, #15 Exhibit 14 - FILED UNDER SEAL, #16 Exhibit 15 - FILED UNDER SEAL, #17 Exhibit 16 - FILED UNDER SEAL, #18 Exhibit 17 - FILED UNDER SEAL, #19 Exhibit 18 - FILED UNDER SEAL, #20 Exhibit 19 - FILED UNDER SEAL, #21 Exhibit 20 - FILED UNDER SEAL, #22 Exhibit 21 - FILED UNDER SEAL, #23 Exhibit 22 - FILED UNDER SEAL, #24 Exhibit 23 - FILED UNDER SEAL, #25 Exhibit 24 - FILED UNDER SEAL, #26 Exhibit 25 - FILED UNDER SEAL, #27 Exhibit 26 - FILED UNDER SEAL, #28 Exhibit 27 - FILED UNDER SEAL, #29 Exhibit 28 - DELL-ACC-00468761 Pattillo Bloomberg Article, #30 Exhibit 29 - FILED UNDER SEAL, #31 Exhibit 30 - 2019-04-12 Crain Letter to Meek, #32 Exhibit 31 - 2019-06-04 Dearing Ltr to Flake, #33 Exhibit 32 - FILED UNDER SEAL, #34 Exhibit 33 - FILED UNDER SEAL, #35 Exhibit 34 - FILED UNDER SEAL, #36 Exhibit 35 - FILED UNDER SEAL, #37 Exhibit 36 - FILED UNDER SEAL, #38 Exhibit 37 - FILED UNDER SEAL, #39 Exhibit 38 - 2019-07-29 Dearing Ltr to Flake, #40 Exhibit 39 - 2019-09-10 Flake Ltr to Dearing, #41 Exhibit 40 - 2018-08-10 Dell 2nd RFP to Acceleron [89-163], #42 Exhibit 41 - 2019-10-08 Flake Ltr to Dearing, #43 Exhibit 42 - 2019-10-22 Flake Ltr to Dearing, #44 Exhibit 43 - FILED UNDER SEAL, #45 Exhibit 44 - FILED UNDER SEAL, #46 Exhibit 45 - FILED UNDER SEAL, #47 Exhibit 46 - Excerpt of 2018-09-10 Acceleron's Responses to Dell's Second Set of RPDs (Nos. 89-163))(Heyman, Paula)
October 21, 2019 Filing 325 NOTICE by Dell, Inc. re #320 Notice of Filing Reply in Response to #324 Acceleron's Response to #320 Dell's Supplemental Briefing on Brown v. Venture Express as Requested by Special Master (Attachments: #1 Exhibit 1 - 2019-06-26 DELL EMAIL to COURT re RFA Objections.)(Meek, Kevin)
October 18, 2019 Filing 324 RESPONSE re #320 Notice of Filing filed by Acceleron, LLC. (Gresham, Dan)
October 18, 2019 Filing 323 MOTION for Leave to File Matters Under Seal re: #322 Notice of Filing,,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
October 18, 2019 Filing 322 SEALED NOTICE Of Filing by Acceleron, LLC re #321 Notice of Filing, (Attachments: #1 Exhibit 2 - Passthroughs Summary Judgment Slide Deck, #2 Exhibit 3 - Presentation for Fibre Channel and InfiniBand Issues Slide Deck, #3 Exhibit 4 - VRTX is Hot-Swappable Slide Deck, #4 Exhibit 5 - MX7000 Summary Judgment Slide Deck, #5 Exhibit 6 - Caddies Summary Judgment Slide Deck, #6 Exhibit 7 - Presentation for Polls Issues (Claims 20 and 22) Slide Deck, #7 Exhibit 8 - Presentation for Filters Issues (Claim 24) Slide Deck, #8 Exhibit 9 - Presentation for Claims 14-17, 22, and 24 (including DOE issues) Slide Deck, #9 Exhibit 13 - Motion for No-Invalidity Slide Deck, #10 Exhibit 16 - Presentation of Pre-Suit Damages Slide Deck)(Gravois, Robert) Modified on 12/5/2019 (adg).
October 18, 2019 Filing 321 NOTICE Of Filing by Acceleron, LLC Presentation Materials from the October 11, 2019 Motions Hearing Before the Special Master (Attachments: #1 Exhibit 1 - Reply Statement of Undisputed Material Facts Slide Deck, #2 Exhibit 2 - REDACTED_Passthroughs Summary Judgment Slide Deck, #3 Exhibit 3 - REDACTED_Presentation for Fibre Channel and InfiniBand Issues Slide Deck, #4 Exhibit 4 - REDACTED_VRTX is Hot-Swappable Slide Deck, #5 Exhibit 5 - REDACTED_MX7000 Summary Judgment Slide Deck, #6 Exhibit 6 - REDACTED_Caddies Summary Judgment Slide Deck, #7 Exhibit 7 - REDACTED_Presentation for Polls Issues Slide Deck (Claims 20 and 22), #8 Exhibit 8 - REDACTED_Presentation for Filters Issues Slide Deck (Claim 24), #9 Exhibit 9 - REDACTED_Presentation for Claims 14-17, 22, and 24 Slide Deck (including DOE issues), #10 Exhibit 10 - Presentation for Disavowal of DOE CPU Module Issues Slide Deck, #11 Exhibit 11 - Ensnarement Slide Deck, #12 Exhibit 12 - Estoppel Slide Deck, #13 Exhibit 13 - REDACTED_Motion for No-invalidity Slide Deck, #14 Exhibit 14 - Motion to Strike Portions of Michalson's Report Slide Deck, #15 Exhibit 15 - Claim 17 Slide Deck, #16 Exhibit 16 - Pre-Suit Damages Slide Deck, #17 Exhibit 17 - USPN 6948021)(Gravois, Robert)
October 16, 2019 Filing 320 NOTICE Of Filing Dell's Supplemental Rule 56 Briefing by Dell, Inc. (Attachments: #1 Exhibit 1 - Brown v. Venture Express Rule 56(d) briefing)(Meek, Kevin)
October 4, 2019 Filing 319 REPLY to Response to Motion re #314 MOTION to Exclude And/Or Strike Dell's Improper Statement of Additional Material Facts and Reply Exhibits filed by Acceleron, LLC. (Crain, Norman)
September 26, 2019 Filing 318 RESPONSE in Opposition re #314 MOTION to Exclude And/Or Strike Dell's Improper Statement of Additional Material Facts and Reply Exhibits filed by Dell, Inc.. (Flake, Andrew)
September 19, 2019 Filing 317 MOTION for Leave to File Matters Under Seal re: #316 Notice of Filing, by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
September 19, 2019 Filing 316 SEALED NOTICE Of Filing Reply to Response to Motion for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX by Acceleron, LLC re #315 Reply to Response to Motion, (Attachments: #1 Exhibit E - Acceleron's Responses to Dell's Statement of Additional Facts)(Crain, Norman) Modified on 12/5/2019 (adg).
September 19, 2019 Filing 315 REPLY to Response to Motion re #257 MOTION for Summary Judgment (Partial) of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX filed by Acceleron, LLC. (Attachments: #1 Exhibit E - Filed Under Seal)(Crain, Norman)
September 17, 2019 Filing 314 MOTION to Exclude And/Or Strike Dell's Improper Statement of Additional Material Facts and Reply Exhibits with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion)(Crain, Norman)
September 11, 2019 Filing 313 MOTION for Leave to File Matters Under Seal re: #312 Reply to Response to Motion, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
September 11, 2019 Filing 312 SEALED REPLY to Response to Motion re #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement filed by Dell, Inc.. (Attachments: #1 Statement of Material Facts, #2 Responses to Acceleron's SAF)(Heyman, Paula) Modified on 12/5/2019 (adg).
September 11, 2019 Filing 311 REPLY to Response to Motion re #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement filed by Dell, Inc.. (Attachments: #1 Statement of Material Facts, #2 Resp to ACC Stmt of Addl Material Facts)(Heyman, Paula)
September 11, 2019 Filing 310 MOTION for Leave to File Matters Under Seal re: #309 Reply to Response to Motion,,,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
September 11, 2019 Filing 309 SEALED REPLY to Response to Motion re #260 MOTION for Partial Summary Judgment of Invalidity and Non-Infringement filed by Dell, Inc.. (Attachments: #1 Statement of Material Facts, #2 Response to ACC Statement of Additional Material Facts, #3 Exhibit EX 13 - [SEALED] Ex. 5 - Infringement Chart Dell's MX7000 System v. '021 patent, #4 Exhibit EX 14 - [SEALED] Ex. 1_Dell m1000e (Noble) - Second Amended Infringement Chart, #5 Exhibit EX 15 - [SEALED] Ex. 2_Dell 1855 1955 (Glacier) - Second Amended Infringement Chart, #6 Exhibit EX 16 - [SEALED] Ex. 3_Dell FX2 (Stomp) - Second Amended Infringement Chart, #7 Exhibit EX 17 - [SEALED] Ex. 4_Dell VRTX (Plasma or Avenger) - Second Amended Infringement Chart, #8 Exhibit EX 18 - [SEALED] Ex. 5_Dell MX7000 - Second Amended Infringement Chart, #9 Exhibit EX 19 - [SEALED] 2017-11-10 Casey, Gregory [MINI][HC-AEO]., #10 Exhibit EX 20 - [SEALED] Dell Letter to Acceleron., #11 Exhibit EX 22 - [SEALED] DELL-ACC-00149195 - Skylynx System Spec.)(Heyman, Paula) Modified on 12/5/2019 (adg).
September 11, 2019 Filing 308 REPLY to Response to Motion re #260 MOTION for Partial Summary Judgment of Invalidity and Non-Infringement filed by Dell, Inc.. (Attachments: #1 Statement of Material Facts, #2 Resp to ACC Stmt of Addl Material Facts, #3 Exhibit EX 1 - 2014-09-04 040 Oral Hearing Transcript, #4 Exhibit EX 2 - 2014-04-09 023 Patent Owner Response, #5 Exhibit EX 3 - 2013-06-28 Ex 1 to Discl of Infringement Contentions, #6 Exhibit EX 4 - 2013-06-28 Ex 2 to Discl of Infringement Contentions, #7 Exhibit EX 5 - 2017-06-16 Inf. Cont. Ex. 1, #8 Exhibit EX 6 - 2017-06-16 Inf. Cont. Ex. 2, #9 Exhibit EX 7 - 2017-06-16 Inf. Cont. Ex. 3, #10 Exhibit EX 8 - 2017-06-16 Inf. Cont. Ex. 4, #11 Exhibit EX 9 - Ex. 1 - m1000e Infringement Contentions Claim Chart, #12 Exhibit EX 10 - Ex. 2 - 1855 and 1955 Infringement Contentions Claim Chart, #13 Exhibit EX 11 - Ex. 3 - FX2 Infringement Contentions Claim Chart, #14 Exhibit EX 12 - Ex. 4 - VRTX Infringement Contentions Claim Chart, #15 Exhibit Ex 13 - FILED UNDER SEAL, #16 Exhibit Ex 14 - FILED UNDER SEAL, #17 Exhibit Ex 15 - FILED UNDER SEAL, #18 Exhibit Ex 16 - FILED UNDER SEAL, #19 Exhibit Ex 17 - FILED UNDER SEAL, #20 Exhibit Ex 18 - FILED UNDER SEAL, #21 Exhibit Ex 19 - FILED UNDER SEAL, #22 Exhibit Ex 20 - FILED UNDER SEAL, #23 Exhibit EX 21 - DELL-ACC-00034488, #24 Exhibit Ex 22 - FILED UNDER SEAL, #25 Exhibit EX 23 - Email between Acceleron and Needle)(Heyman, Paula)
September 11, 2019 Filing 307 MOTION for Leave to File Matters Under Seal re: #306 Notice of Filing, by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
September 11, 2019 Filing 306 SEALED NOTICE Of Filing Reply to Response to Motion for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX by Acceleron, LLC re 305 Reply to Response to Motion, (Attachments: #1 Exhibit E - Acceleron's Responses to Dell's Statement of Additional Facts)(Crain, Norman) Modified on 12/5/2019 (adg).
September 11, 2019 Filing 304 MOTION for Leave to File Matters Under Seal re: #303 Notice of Filing, by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
September 11, 2019 Filing 303 SEALED NOTICE Of Filing Reply to Response to Motion for Partial Summary Judgment on Infringement by Acceleron, LLC re #302 Reply to Response to Motion (Attachments: #1 Exhibit A - Acceleron's Response to Dell's Statement of Additional Facts, #2 Exhibit B - 07-01-2019 Deposition Transcript of Bill Putnam)(Crain, Norman) Modified on 12/5/2019 (adg).
September 11, 2019 Filing 302 REPLY to Response to Motion re #262 MOTION for Summary Judgment (Partial) on Infringement filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal)(Crain, Norman)
September 3, 2019 Filing 301 REPLY to Response to Motion re #251 MOTION to Strike Portions of Dr. William Michalson's Invalidity Reports filed by Acceleron, LLC. (Gravois, Robert)
September 3, 2019 Filing 300 MOTION for Leave to File Matters Under Seal re: #299 Notice of Filing, by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
September 3, 2019 Filing 299 SEALED NOTICE Of Filing Provisionally Sealed Exhibits by Acceleron, LLC re #298 Reply to Response to Motion, (Attachments: #1 Exhibit A - Dr. Michalson's Annotated Report, #2 Exhibit B - 04-18-18 Letter Paula Heyman to Robert Gravois)(Crain, Norman) Modified on 12/5/2019 (adg).
September 3, 2019 Filing 298 REPLY to Response to Motion re #254 MOTION to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal)(Crain, Norman)
September 3, 2019 Opinion or Order Filing 297 ORDER APPOINTING Mr. William H. Needle as special master over all issues relating to Accelerons motions [251, 254] to strike and all other motions filed by the parties prior to the pretrial conference. Please see Order for all further specifics and directives. Signed by Judge Timothy C. Batten, Sr. on 09/03/2019. (usw)
August 28, 2019 Filing 296 MOTION for Leave to File Matters Under Seal re: #295 Response in Opposition to Motion,,,,,,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
August 28, 2019 Filing 295 SEALED RESPONSE in Opposition re #262 MOTION for Summary Judgment (Partial) on Infringement filed by Dell, Inc.. (Attachments: #1 Dell Response to Acceleron Stmt of Undisputed Material Facts, #2 Dell Stmt Addt'l Facts, #3 Exhibit Ex 1 - [SEALED] M1000e Sample Order, #4 Exhibit Ex 2 -[SEALED] VRTX Sample Order, #5 Exhibit Ex 3 - [SEALED] FX2 Sample Order, #6 Exhibit Ex 4 - [SEALED] MX7000 Sample Order, #7 Exhibit EX 10 - [SEALED] Michalson Declaration ISO Dell Response to Acceleron Infringement MSJ, #8 Exhibit EX 12 - [SEALED] DELL-ACC-00115875 - DELL-ACC-00115907, #9 Exhibit EX 15 - [SEALED] 2018-08-22 Freet, Paul [HC][MINI], #10 Exhibit EX 17 - [SEALED] DELL-ACC-00166608 - VRTX Architecture, #11 Exhibit EX 18 - [SEALED] DELL-ACC-00353606 - FX2 System Spec, #12 Exhibit EX 20 - [SEALED] 2018-06-28 Chandrasekhar, Babu [ERRATA-EXECUTED], #13 Exhibit EX 21 - [SEALED] 2019-07-01 Putnam, William [MINI][HC] - highlighted, #14 Exhibit EX 22 - [SEALED] DELL-ACC-00155053, #15 Exhibit EX 23 - [SEALED] DELL SOURCE CODE [DELL-ACC-SRC-98-107] - imc_events.c, #16 Exhibit EX 24 - [SEALED] DELL SOURCE CODE [DELL-ACC-SRC-76-81] - cmc_gpio.c, #17 Exhibit EX 26 - [SEALED] DELL SOURCE CODE ipmid.c, #18 Exhibit EX 27 - [SEALED] DELL SOURCE CODE ipmi_lan.c, #19 Exhibit EX 28 - [SEALED] DELL-ACC-00217064 - M1000e Midplane A00 08-02-2007, #20 Exhibit EX 29 - [SEALED] DELL-ACC-00186488 - VRTX Midplane X02 08-29-2012, #21 Exhibit EX 30 - [SEALED] DELL-ACC-00248644 - FC630 SteelJaw, #22 Exhibit EX 31 - [SEALED] DELL-ACC-00430024 - Pathfinder, #23 Exhibit EX 32 - [SEALED] DELL-ACC-00159786 - Sojourner)(Heyman, Paula) Modified on 12/5/2019 (adg).
August 28, 2019 Filing 294 RESPONSE in Opposition re #262 MOTION for Summary Judgment (Partial) on Infringement filed by Dell, Inc.. (Attachments: #1 [REDACTED] Dell Response to Acceleron Stmt of Undisputed Material Facts, #2 [REDACTED] Dell Stmt Addt'l Facts, #3 Exhibit Ex 1 - FILED UNDER SEAL, #4 Exhibit Ex 2 - FILED UNDER SEAL, #5 Exhibit Ex 3 - FILED UNDER SEAL, #6 Exhibit Ex 4 - FILED UNDER SEAL, #7 Exhibit EX 5 - DELL-ACC-00009251 - M1000e Architecture White Paper, #8 Exhibit EX 6 - DELL-ACC-00056147 - M630 VRTX Owners Manual, #9 Exhibit EX 7 - DELL-ACC-00054257 - M520 VRTX Owners Manual, #10 Exhibit EX 8 - DELL-ACC-00391388 - FC640 Service Manual, #11 Exhibit EX 9 - DELL-ACC-00445111 - MX740c Installation Service Manual, #12 Exhibit Ex 10 - FILED UNDER SEAL, #13 Exhibit EX 11 - 2019-07-30 ACC Responses and Objections to Dell's 7th RFAs [978-1027], #14 Exhibit Ex 12 - FILED UNDER SEAL, #15 Exhibit EX 13 - IPR Paper 40 -DELL-ACC-00103815 - IPR oral hearing transcript, #16 Exhibit EX 14 - ACC-0000001 - ACC-0000349_File History, #17 Exhibit Ex 15 - FILED UNDER SEAL, #18 Exhibit EX 16 - 2017-10-03 Putnam, William [MINI], #19 Exhibit Ex 17 - FILED UNDER SEAL, #20 Exhibit Ex 18 - FILED UNDER SEAL, #21 Exhibit EX 19 - 2018-11-21 ACC NOD Dell (30(b)(6))., #22 Exhibit Ex 20 - FILED UNDER SEAL, #23 Exhibit Ex 21 - FILED UNDER SEAL, #24 Exhibit Ex 22 - FILED UNDER SEAL, #25 Exhibit Ex 23 - FILED UNDER SEAL, #26 Exhibit Ex 24 - FILED UNDER SEAL, #27 Exhibit EX 25 - DELL-ACC-00457634 - DELL-ACC-00457867, #28 Exhibit Ex 26 - FILED UNDER SEAL, #29 Exhibit Ex 27 - FILED UNDER SEAL, #30 Exhibit Ex 28 - FILED UNDER SEAL, #31 Exhibit Ex 29 - FILED UNDER SEAL, #32 Exhibit Ex 30 - FILED UNDER SEAL, #33 Exhibit Ex 31 - FILED UNDER SEAL, #34 Exhibit Ex 32 - FILED UNDER SEAL, #35 Exhibit EX 33 - Email between Acceleron and Needle)(Heyman, Paula)
August 28, 2019 Filing 293 MOTION for Leave to File Matters Under Seal re: #292 Notice of Filing,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
August 28, 2019 Filing 292 SEALED NOTICE Of Filing Response to Opposition to Motion by Dell, Inc. re #291 Response in Opposition to Motion,,, re #257 MOTION for Summary Judgment (Partial) of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX (Attachments: #1 Dell Response to [258-1] Acceleron's Stmt of Undisputed Material Facts, #2 Dell Statement of Addt'l Facts, #3 Exhibit Ex 3 - George.COM ERS HPE52796-HPE52810)(Heyman, Paula) Modified on 12/5/2019 (adg).
August 28, 2019 Filing 291 RESPONSE in Opposition re #257 MOTION for Summary Judgment (Partial) of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX filed by Dell, Inc.. (Attachments: #1 [REDACTED] Dell Response to [258-1] Acceleron's Stmt of Undisputed Material Facts, #2 [REDACTED] Dell Statement of Addt'l Facts, #3 Exhibit Ex 1 - 2017-07-17 Production Ltr to Counsel -3rd Pty [FORBES] [FORBES-00001-196], #4 Exhibit Ex 2 - 2019-01-16 Ltr to Opposing re FORBES-06707-06717, #5 Exhibit Ex 3 - FILED UNDER SEAL, #6 Exhibit Ex 4 - Ketris 9000 photo FORBES-06708, #7 Exhibit Ex 5 - Ketris 9000 photo FORBES-06714, #8 Exhibit Ex 6 - DELL-ACC-00090369)(Heyman, Paula)
August 28, 2019 Filing 290 MOTION for Leave to File Matters Under Seal re: #289 Notice of Filing, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Crain, Norman)
August 28, 2019 Filing 289 SEALED NOTICE Of Filing by Acceleron, LLC re #288 Response in Opposition to Motion, (Attachments: #1 Exhibit B - Accelerons Reponses to Dells Statement of Material Facts, #2 Exhibit C - Accelerons Statement of Additional Material Facts)(Crain, Norman) Modified on 12/5/2019 (adg).
August 28, 2019 Filing 288 RESPONSE in Opposition re #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement (redacted) filed by Acceleron, LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 6,948,021, #2 Exhibit B - Accelerons Reponses to Dells Statement of Material Facts (redacted), #3 Exhibit C - Accelerons Statement of Additional Material Facts (redacted))(Crain, Norman)
August 28, 2019 Filing 287 MOTION for Leave to File Matters Under Seal re: #286 Notice of Filing,,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Crain, Norman)
August 28, 2019 Filing 286 SEALED NOTICE Of Filing by Acceleron, LLC re #285 Response in Opposition to Motion,,,,, (Attachments: #1 Exhibit B - Accelerons Reponses to Dells Statement of Material Facts, #2 Exhibit B-1 - VRTX Reference Document (Part 1), #3 Exhibit B-1 - VRTX Reference Document (Part 2), #4 Exhibit B-2 - Rule 30(b)(6) Deposition Transcript of Dell by Designee, Shawn Dube (Feb. 25, 2019), #5 Exhibit Ex. B-3 - Rousset II Deposition Transcript (April 17, 2019), #6 Exhibit B-7 - Chassis Management Power Control Specification, #7 Exhibit B-10 - Infringement Contentions for 1855/1955, #8 Exhibit C - Accelerons Statement of Additional Material Facts, #9 Exhibit C-1 - Rule 30(b)(6) Deposition Transcript of Dell by Designee, Michael Brown (Feb. 18, 2019))(Crain, Norman) Modified on 12/5/2019 (adg).
August 28, 2019 Filing 285 RESPONSE in Opposition re #260 MOTION for Partial Summary Judgment of Invalidity and Non-Infringement (Redacted) filed by Acceleron, LLC. (Attachments: #1 Exhibit Ex. A U.S. Patent No. 6,948,021, #2 Exhibit Ex. B Accelerons Reponses to Dells Statement of Material Facts (Redacted), #3 Exhibit Ex. B-1 VRTX Reference Document - filed under seal, #4 Exhibit Ex. B-2 Rule 30(b)(6) Deposition Transcript of Dell by Designee, Shawn Dube (Feb. 25, 2019) filed under seal, #5 Exhibit Ex. B-3 Rousset II Deposition Transcript (April 17, 2019) filed under seal, #6 Exhibit Ex. B-4 September 14, 2007 Letter from Acceleron to Hewlett Packard Co., #7 Exhibit Ex. B-5 October 5, 2007 Letter from Acceleron to Hewlett Packard Co., #8 Exhibit Ex. B-6 Deposition Transcript of Robert Horst, #9 Exhibit Ex. B-7 Chassis Management Power Control Specification filed under seal, #10 Exhibit Ex. B-8 Excerpts of the IPMI v2.0 Specification, #11 Exhibit Ex. B-9 Declaration of Wesley A. Roberts, #12 Exhibit Ex. B-10 Infringement Contentions for 1855/1955 filed under seal, #13 Exhibit Ex. C Accelerons Statement of Additional Material Facts (Redacted), #14 Exhibit Ex. C-1 Rule 30(b)(6) Deposition Transcript of Dell by Designee, Michael Brown (Feb. 18, 2019) filed under seal)(Crain, Norman)
August 22, 2019 Opinion or Order Filing 284 ORDER GRANTING Dell Inc.'s #268 Motion for Leave to File Matters Under Seal. Dell Inc.'s Brief in Support of the Motion for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement and Dell Inc.'s Statement of Undisputed Material Facts (Dkt. 267, 267-1) will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 08/22/2019. (usw)
August 22, 2019 Opinion or Order Filing 283 ORDER GRANTING #266 Motion for Leave to File Matters Under Seal. Dell Inc.'s Brief in Support of Dell Inc.'s Motion for Partial Summary Judgment of Invalidity and Non-Infringement, Dell Inc.'s Statement of Undisputed Material Facts, and Exhibits 24, 69, 1113, 1622, 28, 29, 32, 3553, 7276, and 7982) (Dkt. 264, 264-1-264-49) will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 08/22/2019. (usw)
August 22, 2019 Opinion or Order Filing 282 ORDER granting Motions #259 #265 #271 to File Under Seal. Docket entries 258, 263, 270 may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 08/22/2019. (usw)
August 21, 2019 Opinion or Order Filing 281 ORDER GRANTING that docket entries #252 and #255 may remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 08/21/2019.
August 19, 2019 Filing 280 MOTION for Leave to File Matters Under Seal re: #279 Response in Opposition to Motion, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
August 19, 2019 Filing 279 SEALED RESPONSE in Opposition re #254 MOTION to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent filed by Dell, Inc.. (Heyman, Paula) Modified on 12/5/2019 (adg).
August 19, 2019 Filing 278 RESPONSE in Opposition re #254 MOTION to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent filed by Dell, Inc.. (Attachments: #1 Exhibit Ex. A - IPR2013-00440 Decision on Remand 2016-08-22 049 , #2 Exhibit Ex. B - Acc Responses to Dell's 2nd ROGs [11-17] 2018-10-05_excerpt)(Heyman, Paula)
August 19, 2019 Filing 277 RESPONSE in Opposition re #251 MOTION to Strike Portions of Dr. William Michalson's Invalidity Reports filed by Dell, Inc.. (Attachments: #1 Exhibit 1 - Table ISO Response)(Heyman, Paula)
August 19, 2019 Opinion or Order Filing 276 ORDER APPOINTING Mr. William H. Needle as special master related to the parties' summary judgment motions in this case. Please see Order for further specifics and directives. Signed by Judge Timothy C. Batten, Sr. on 08/19/2019. (usw)
August 19, 2019 Opinion or Order Filing 275 ORDER notifiying the parties of its intent to appoint William H. Needle as a special master to review and issue a report and recommendation on Plaintiff's motions [251, 254] to strike and all other motions filed by the parties prior to the pretrial conference. The Court will impose a deadline for the filing of the R&R to ensure the prompt resolution of the motions and will require each party to pay fifty percent of his fees. The parties shall inform the Court, on or before September 3, of any objections to Needles appointment or any relationship with Needle that would disqualify him pursuant to Rule 53(a)(2). Signed by Judge Timothy C. Batten, Sr. on 08/19/2019. (usw)
August 16, 2019 Filing 274 MOTION for Leave to File Matters Under Seal re: #273 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Heyman, Paula)
August 16, 2019 Filing 273 SEALED NOTICE Of Filing Sealed Document by Dell, Inc. re #264 Notice of Filing Previously filed Public Document under Dkt. 260-36 to be maintained as a SEALED document (Attachments: #1 Exhibit 34 - Decl of William Michalson)(Heyman, Paula) Modified on 12/5/2019 (adg).
August 16, 2019 Filing 272 TRANSCRIPT (redacted by agreement of counsel) of Motions Proceedings held on 1/30/2019, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/14/2019. (Attachments: #1 Notice of Filing Transcript) (llb)
August 15, 2019 Filing 271 MOTION for Leave to File Matters Under Seal re: #270 Notice of Filing, by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
August 15, 2019 Filing 270 SEALED NOTICE Of Filing of Exhibit A-51 - VRTX Training (Part 1 of 2) by Acceleron, LLC re #263 Notice of Filing (Attachments: #1 Exhibit A-51 - VRTX Training (Part 1 of 2))(Crain, Norman) Modified on 8/22/2019 (usw).
August 15, 2019 Filing 269 AFFIDAVIT by Special Master William H. Needle. (usw)
August 7, 2019 Filing 268 MOTION for Leave to File Matters Under Seal re: #267 Notice of Filing, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Dell Motion to File Under Seal PMSJ No Pre-Suit Damages and Non-Infringement, #2 Text of Proposed Order)(Meek, Kevin)
August 7, 2019 Filing 267 SEALED NOTICE Of Filing PMSJ of No Pre-Suit Damages and Non-Infringement by Dell, Inc. re #261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement (Attachments: #1 Statement of Material Facts)(Meek, Kevin) Modified on 8/22/2019 (usw).
August 7, 2019 Filing 266 MOTION for Leave to File Matters Under Seal re: #264 Notice of Filing,,,,,,,,,,,,,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Text of Proposed Order)(Meek, Kevin)
August 7, 2019 Filing 265 MOTION for Leave to File Matters Under Seal re: #263 Notice of Filing,,,,,,,,,,,,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
August 7, 2019 Filing 264 SEALED NOTICE Of Filing Sealed Motion by Dell, Inc. re #260 MOTION for Partial Summary Judgment of Invalidity and Non-Infringement (Attachments: #1 Statement of Material Facts, #2 EX 2 - [SEALED] Putnam Expert Report on Infringement, #3 EX 3 - [SEALED] 2019-05-24 [HC] Michalson, William [Non-Infringement Report], #4 EX 4 - [SEALED] 2019-06-07 Putnam Rebuttal Report on Infringement, #5 EX 6 - [SEALED] DELL-ACC-00003849 - DELL-ACC-00004247, #6 EX 7 - [SEALED] DELL-ACC-00166608 - VRTX Architecture, #7 EX 8 - [SEALED] DELL-ACC-00149195 - Skylynx System Spec, #8 EX 9 - [SEALED] DELL-ACC-00353606 - FX2 System Spec, #9 EX 11 - [SEALED] 2019-02-25 Dube Shawn 30(b)(6)HCFULL, #10 EX 12 - [SEALED] 2018-06-28 Chandrasekhar Babu FULLHC, #11 EX 13 - [SEALED] 2018-06-28 Chandrasekhar, Babu [ERRATA-EXECUTED], #12 EX 16 - [SEALED] 05-24-2019 Initial Expert Report of William Putnam Regarding Validity of..., #13 EX 17 - [SEALED] 2019-07-01 Putnam, William [MINI][HC] - highlighted, #14 EX 18 - [SEALED] Ex. 1 Dell M1000e (Noble) [3rd Infringement Contentions], #15 EX 19 - [SEALED] Ex. 2 Dell 1855 1955 (Glacier) [3rd Infringement Contentions], #16 EX 20 - [SEALED] Ex. 3 Dell FX2 (Stomp) [3rd Infringement Contentions], #17 EX 21 - [SEALED] Ex. 4 Dell VRTX (Plasma or Avenger) [3rd Infringement Contentions], #18 EX 22 - [SEALED] Ex. 5 Dell MX700 [3rd Infringement Contentions], #19 EX 28 - [SEALED] DELL-ACC-00115875 - DELL-ACC-00115907, #20 EX 29 - [SEALED] 2017-10-12 Dube, Joel Shawn [MINI] [CONF], #21 EX 32 - [SEALED] DELL-ACC-00291758 - DELL-ACC-00291885 1855 - Source Book- highlighted, #22 EX 35 - [SEALED] Excerpt of 2019-02-28 Acceleron 30(b)(6) Deposition of Wharton, Scott, #23 EX 36 - [SEALED] ACC-0077079 - 0077088 (Fujitsu License), #24 EX 37 - [SEALED] ACC-0083407 (Egenera License), #25 EX 38 - [SEALED] ACC-0077055 - 77064 (SuperMicro License), #26 EX 39 - [SEALED] ACC-0083469 (Silicon Graphics License), #27 EX 40 - [SEALED] ACC-0073991-ACC0074001 (NEC License), #28 EX 41 - [SEALED] ACC-0077069 - 0077078 (Oracle License), #29 EX 42 - [SEALED] ACC-0084235-ACC0084246 (Intel License), #30 EX 43 - [SEALED] ACC-0086985 - (HP License), #31 EX 44 - [SEALED] ACC-0076387- ACC0076396 (ClearCube License), #32 EX 45 - [SEALED] ACC-0084247-ACC0084257 (Appro License), #33 EX 46 - [SEALED] Excerpt of Acceleron's Infringement Contentions Against Fujitsu, #34 EX 47 - [SEALED] Excerpt of 2018-12-21 ACC Supp Responses to Dell ROGs [5 6 16 17], #35 EX 48 - [SEALED] ACC-0099454 - 09-18-2007 (First Letter), #36 EX 49 - [SEALED] ACC-0099455 - 10-05-2007 (Second Letter), #37 EX 50 - [SEALED] ACC-0086980 - 09-14-2007 letter to Silicon Mechanics, #38 EX 51 - [SEALED] ACC-0086936 - 10-05-2007 letter to Fujitsu, #39 EX 52 - [SEALED] ACC-0099437 letter to ClearCube, #40 EX 53 - [SEALED] Excerpts of Deposition 2018-10-30 Ramey, Thomas, #41 EX 72 - [SEALED] 2019-02-18 Brown, Michael 30(b)(6)[MINI][AEO], #42 EX 73 - [SEALED] DELL-ACC-00007086 - CMC IPMI Interface for IMC, #43 EX 74 [SEALED] DELL-ACC-00155053, #44 EX 75 - [SEALED] DELL SOURCE CODE [DELL-ACC-SRC-98-107] - imc_events.c, #45 EX 76 - [SEALED] DELL SOURCE CODE [DELL-ACC-SRC-76-81] - cmc_gpio.c, #46 EX 79 - [SEALED] DELL-ACC-00133269 - DELL-ACC-00133297, #47 EX 80 - [SEALED] DELL SOURCE CODE ipmid.c, #48 EX 81 - [SEALED] DELL SOURCE CODE ipmi_lan.c, #49 EX 82 - [SEALED] HPE07951)(Meek, Kevin) Modified on 8/22/2019 (usw).
August 7, 2019 Filing 263 SEALED NOTICE Of Filing Unredacted Brief in Support of Motion for Partial Summary Judgment on Infringement by Acceleron, LLC re #262 MOTION for Summary Judgment (Partial) on Infringement (Attachments: #1 Exhibit A - UNREDACTED_Statement of Undisputed Material Facts, #2 Exhibit A-3 - PE Modular Family, #3 Exhibit A-4 - Expert Rebuttal Report of Dr. William Michalson Directed to Non-Infringement of the Asserted Claims of U.S. Patent No. 6,948,021, #4 Exhibit A-6 Plasma PowerEdge VRTX Source Book, #5 Exhibit A-9 Skylynx System Specification, #6 Exhibit A-11 Exhibit 1 of Plaintiff Third Amended Infringement Contentions (for M1000e), #7 Exhibit A-12 Exhibit 3 of Plaintiffs Third Amended Infringement Contentions (for FX2), #8 Exhibit A-13 Exhibit 4 of Plaintiffs Third Amended Infringement Contentions (for VRTX), #9 Exhibit A-14 Exhibit 5 of Plaintiffs Third Amended Infringement Contentions (for MX7000), #10 Exhibit A-16 Exhibit A of Defendants Third Amended Non-Infringement Contentions (for M1000e), #11 Exhibit A-17 Exhibit C of Defendants Third Amended Non-Infringement Contentions (for FX2), #12 Exhibit A-18 Exhibit D of Defendants Third Amended Non-Infringement Contentions (for VRTX), #13 Exhibit A-19 Exhibit E of Defendants Third Amended Non-Infringement Contentions (for MX7000), #14 Exhibit A-22 Transcript of October 12, 2017 Deposition of Joel Shawn Dube, #15 Exhibit A-23 M620/M620x Product Specification, #16 Exhibit A-25 Transcript of November 10, 2017 Deposition of Gregory Casey, #17 Exhibit A-26 Transcript of July 18, 2018 Deposition of Stephen Rousset, #18 Exhibit A-27 Rebuttal Expert Report of William O. Putnam Regarding Infringement of U.S. Patent No. 6,948,021, #19 Exhibit A-28 Transcript of June 28, 2018 Deposition of Babu Chandrasekhar, #20 Exhibit A-29 Dell Training PowerEdge M620, #21 Exhibit A-30 Initial Expert Report of William O. Putnam Regarding Infringement of U.S. Patent No. 6,948,021, #22 Exhibit A-31 Exhibit 9 of the Deposition of Babu Chandrasekhar, #23 Exhibit A-33 Expert Report of William Michalson, Ph.D on the Invalidity of the Asserted Claims of U.S. Patent No. 6,948,021, #24 Exhibit A-34 Dell Blade Certification Program, #25 Exhibit A-35 PowerEdge M620 Thermal-Acoustical Messaging Documentation, #26 Exhibit A-36 Transcript of February 25, 2019 30(b)(6) Deposition of Dell, Inc. (Dube), #27 Exhibit A-37 Initial Expert Report of William O. Putnam Regarding Validity of U.S. Patent No. 6,948,021, #28 Exhibit A-39 Transcript of February 18, 2019 30(b)(6) Deposition of Dell, Inc. (Brown), #29 Exhibit A-40 IPMI Flow Between CMC and IMC, #30 Exhibit A-41 IPMI Interface for IMC, #31 Exhibit A-42 TDM Shifty Bus Specification, #32 Exhibit A-43 Dell Source Code, #33 Exhibit A-44 Blade Server Overview Key Differences, #34 Exhibit A-45 IPMI Specification, #35 Exhibit A-47 Technician Training for PowerEdge FC630, #36 Exhibit A-49 FC640 CAD Drawing, #37 Exhibit A-50 Stomp System Specification, #38 Exhibit A-51 VRTX Training, #39 Exhibit A-52 M630 Reference Guide)(Crain, Norman) Modified on 8/22/2019 (usw).
August 7, 2019 Filing 262 MOTION for Partial Summary Judgment on Infringement with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief REDACTED_Brief in Support of Acceleron's Motion for Partial Summary Judgment on Infringement, #2 Exhibit A - REDCATED_Statement of Undisputed Material Facts, #3 Exhibit A-1 - M1000E Technical Guide, #4 Exhibit A-2 - Dell PowerEdge FX2 and FX2s Enclosure Owner's Manual, #5 Exhibit A-3 - FILED UNDER SEAL, #6 Exhibit A-4 - FILED UNDER SEAL, #7 Exhibit A-5 - VRTX Enclosure Owner's Manual, #8 Exhibit A-6 - FILED UNDER SEAL, #9 Exhibit A-7 - MX7000 Enclosure Technical Specs, #10 Exhibit A-8 - MX Networking Overview, #11 Exhibit A-9 - FILED UNDER SEAL, #12 Exhibit A-10 - '021 Patent, #13 Exhibit A-11 - FILED UNDER SEAL, #14 Exhibit A-12 - FILED UNDER SEAL, #15 Exhibit A-13 - FILED UNDER SEAL, #16 Exhibit A-14 - FILED UNDER SEAL, #17 Exhibit A-15 - M1000E White Paper, #18 Exhibit A-16 - FILED UNDER SEAL, #19 Exhibit A-17 - FILED UNDER SEAL, #20 Exhibit A-18 - FILED UNDER SEAL, #21 Exhibit A-19 - FILED UNDER SEAL, #22 Exhibit A-20 - Photos of Accused Products, #23 Exhibit A-21 - M620 Systems Owner's Manual, #24 Exhibit A-22 - FILED UNDER SEAL, #25 Exhibit A-23 - FILED UNDER SEAL, #26 Exhibit A-24 - M1000e Hardware Owner's Manual, #27 Exhibit A-25 - FILED UNDER SEAL, #28 Exhibit A-26 - FILED UNDER SEAL, #29 Exhibit A-27 - FILED UNDER SEAL, #30 Exhibit A-28 - FILED UNDER SEAL, #31 Exhibit A-29 - FILED UNDER SEAL, #32 Exhibit A-30 - FILED UNDER SEAL, #33 Exhibit A-31 - FILED UNDER SEAL, #34 Exhibit A-32 - 10GbE Ethernet Pass Through-K, #35 Exhibit A-33 - FILED UNDER SEAL, #36 Exhibit A-34 - FILED UNDER SEAL, #37 Exhibit A-35 - FILED UNDER SEAL, #38 Exhibit A-36 - FILED UNDER SEAL, #39 Exhibit A-37 - FILED UNDER SEAL, #40 Exhibit A-38 - Dell's RFA Responses, #41 Exhibit A-39 - FILED UNDER SEAL, #42 Exhibit A-40 - FILED UNDER SEAL, #43 Exhibit A-41 - FILED UNDER SEAL, #44 Exhibit A-42 - FILED UNDER SEAL, #45 Exhibit A-43 - FILED UNDER SEAL, #46 Exhibit A-44 - FILED UNDER SEAL, #47 Exhibit A-45 - FILED UNDER SEAL, #48 Exhibit A-46 - IPR Petition, #49 Exhibit A-47 - FILED UNDER SEAL, #50 Exhibit A-48 - FC630 Owner's Manual, #51 Exhibit A-49 - FILED UNDER SEAL, #52 Exhibit A-50 - FILED UNDER SEAL, #53 Exhibit A-51 - FILED UNDER SEAL, #54 Exhibit A-52 - FILED UNDER SEAL, #55 Exhibit A-53 - MX7000 Manual, #56 Exhibit A-54 - MX740c Manual, #57 Exhibit B - Declaration of William Putnam)(Crain, Norman) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 12/6/2019 (adg).
August 7, 2019 Filing 261 MOTION for Partial Summary Judgment of No Pre-Suit Damages and Non-Infringement with Brief In Support by Dell, Inc.. (Attachments: #1 Brief 2. 2019-08-07 [REDACTED] Dell Brief ISO PMSJ No Pre-Suit Damages and Non-Infringement, #2 Statement of Material Facts REDACTED)(Meek, Kevin) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
August 7, 2019 Filing 260 MOTION for Partial Summary Judgment of Invalidity and Non-Infringement with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Mtn Partial Summary Jdgmt Invalidity and Non-Infringement, #2 Statement of Material Facts, #3 Exhibit EX 1 - US 6948021, #4 Exhibit EX 2 - PROVISIONALLY SEALED, #5 EX 3 - PROVISIONALLY SEALED, #6 EX 4 - PROVISIONALLY SEALED, #7 EX 5 - DELL-ACC-00060760 - DELL-ACC-00060910, #8 EX 6 - PROVISIONALLY SEALED, #9 EX 7 - PROVISIONALLY SEALED, #10 EX 8 - PROVISIONALLY SEALED, #11 EX 9 - PROVISIONALLY SEALED, #12 EX 10 - 2018-11-21 ACC NOD Dell (30(b)(6)), #13 EX 11 - PROVISIONALLY SEALED, #14 EX 12 - PROVISIONALLY SEALED, #15 EX 13 - PROVISIONALLY SEALED, #16 EX 14 - 2018-01-19 Markman Hearing [FULL], #17 EX 15 - IPR Paper 40 -DELL-ACC-00103815 - IPR oral hearing transcript, #18 EX 16 - PROVISIONALLY SEALED, #19 EX 17 - PROVISIONALLY SEALED, #20 EX 18 - PROVISIONALLY SEALED, #21 EX 19 - PROVISIONALLY SEALED, #22 EX 20 - PROVISIONALLY SEALED, #23 EX 21 - PROVISIONALLY SEALED, #24 EX 22 - PROVISIONALLY SEALED, #25 EX 23 - DELL-ACC-00036408 - 1855 Systems Install Troubleshoot Guide, #26 EX 24 - DELL-ACC-00009251 - M1000e Architecture White Paper, #27 EX 25 - DELL-ACC-00391388 - FC640 Service Manual, #28 EX 26 - DELL-ACC-00036780 - 1955 Hardware Owners Manual, #29 EX 27 - DELL-ACC-00054257 - M520 VRTX Owners Manual, #30 EX 28 - PROVISIONALLY SEALED, #31 EX 29 - PROVISIONALLY SEALED, #32 EX 30 - 2015-07-16 022 Acceleron Principal and Response Brief, #33 EX 31 - 2017-04-03 021 Appellee's Brief (Acceleron), #34 EX 32 - PROVISIONALLY SEALED, #35 EX 33 - DELL-ACC-00034488 - IPMI Spec. v2.0 - highlighted and excerpted, #36 EX 34 - Michalson Declaration ISO Dell Opening MSJ Brief, #37 EX 35 - PROVISIONALLY SEALED, #38 EX 36 - PROVISIONALLY SEALED, #39 EX 37 - PROVISIONALLY SEALED, #40 EX 38 - PROVISIONALLY SEALED, #41 EX 39 - PROVISIONALLY SEALED, #42 EX 40 - PROVISIONALLY SEALED, #43 EX 41 - PROVISIONALLY SEALED, #44 EX 42 - PROVISIONALLY SEALED, #45 EX 43 - PROVISIONALLY SEALED, #46 EX 44 - PROVISIONALLY SEALED, #47 EX 45 - PROVISIONALLY SEALED, #48 EX 46 - PROVISIONALLY SEALED, #49 EX 47 - PROVISIONALLY SEALED, #50 EX 48 - PROVISIONALLY SEALED, #51 EX 49 - PROVISIONALLY SEALED, #52 EX 50 - PROVISIONALLY SEALED, #53 EX 51 - PROVISIONALLY SEALED, #54 EX 52 - PROVISIONALLY SEALED, #55 EX 53 - PROVISIONALLY SEALED, #56 EX 54 - ACC-0083326 - Ramey Declaration, #57 EX 55 - DELL-ACC-00445111 - MX740c Installation Service Manual, #58 EX 56 - DELL-ACC-00085728 Hipp, #59 EX 57 - DELL-ACC-00089877 Jackson, #60 EX 58 - DELL-ACC-00089513 Tavallaei, #61 EX 59 - DELL-ACC-00089582 Gasparik, #62 EX 60 - DELL-ACC-00450987 SyMON, #63 EX 61 - DELL-ACC-00089590 Feuerstraeter, #64 EX 62 - DELL-ACC-00468776 Carvey Provisional, #65 EX 63 - DELL-ACC-00468824 Carvey, #66 EX 64 - 2014-12-22 041 Final Written Decision, #67 EX 65 - 2019-06-06 ACC Responses and Objections to Dell's 6th RFAs [921-977], #68 EX 66 - CPU-HDD DOE Ensnarement Chart, #69 EX 67 - Passthrough DOE Ensnarement Chart, #70 EX 68 - Fibre Channel DOE Ensnarement Chart, #71 EX 69 - Infiniband DOE Ensnarement Chart, #72 EX 70 - Fans In Chassis DOE Ensnarement Chart, #73 EX 71 - Backplane DOE Ensnarement Chart, #74 EX 72 - PROVISIONALLY SEALED, #75 EX 73 - PROVISIONALLY SEALED, #76 EX 74 - PROVISIONALLY SEALED, #77 EX 75 - PROVISIONALLY SEALED, #78 EX 76 - PROVISIONALLY SEALED, #79 EX 77 - DELL-ACC-00457634 - DELL-ACC-00457867, #80 EX 78 - 2017-10-03 Putnam, William [MINI], #81 EX 79 - PROVISIONALLY SEALED, #82 EX 80 - PROVISIONALLY SEALED, #83 EX 81 - PROVISIONALLY SEALED, #84 EX 82 - PROVISIONALLY SEALED, #85 EX 83 - ACC-0093765 - ACC-0093896, #86 EX 84 - 2019-04-01 Dell Expert Report of William Michalson Invalidity)(Meek, Kevin) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 8/16/2019 - Entry [260-36] set to private, Attorney to file motion to seal entry [260-36] (rlb).
August 7, 2019 Filing 259 MOTION for Leave to File Matters Under Seal re: #258 Notice of Filing,,,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
August 7, 2019 Filing 258 SEALED NOTICE Of Filing Unredacted Brief in Support of Acceleron's Motion for Partial Summary Judgment by Acceleron, LLC re #257 MOTION for Summary Judgment (Partial) of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX (Attachments: #1 Exhibit UNREDACTED_Statement of Undisputed Material Facts in Support of Acceleron's Motion for Partial Summary Judgment, #2 Exhibit A-1 - Bottom 1 Deposition Transcript_10-25-17, #3 Exhibit A-4 - Dr. Michalson's Deposition Transcript_06-20-19, #4 Exhibit A-5 - Forbes I Deposition Transcript_10-24-17, #5 Exhibit A-6 - Forbes II Deposition Transcript, #6 Exhibit A-11 - Rousset I Deposition Transcript, #7 Exhibit A-12 - Forbes Consulting Agreement with Baker Botts, #8 Exhibit A-13 - Bottom Consulting Agreement with Baker Botts, #9 Exhibit A-14 - Bottom Invoice for Consulting Work on the '021 Patent, #10 Exhibit B - Putnam Report Regarding Validity of the '021 Patent, #11 Exhibit D - Ex. 35 to Michalson's Report on Validity)(Crain, Norman) Modified on 8/22/2019 (usw).
August 7, 2019 Filing 257 MOTION for Partial Summary Judgment of Finding of No Invalidity on Dell's Anticipation and Obviousness Invalidity Grounds Involving Ketris and RLX with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion for Partial Summary Judgment, #2 Exhibit A - REDACTED_Statement of Undisputed Material Facts in Support of Acceleron's Motion for Partial Summary Judgment, #3 Exhibit A-1 - FILED UNDER SEAL, #4 Exhibit A-2 - George.COM Engineering Reference Spec, #5 Exhibit A-3 - Bottom II Deposition Transcript_05-06-19, #6 Exhibit A-4 - FILED UNDER SEAL, #7 Exhibit A-5 - FILED UNDER SEAL, #8 Exhibit A-6 - FILED UNDER SEAL, #9 Exhibit A-7 - Release Notes for Version 1.03 of Ketris Manager, #10 Exhibit A-8 - Ketris Network Demo, #11 Exhibit A-9 - Forbes III Deposition Transcript_05-07-19, #12 Exhibit A-10 - hippster.com Web Page, #13 Exhibit A-11 - FILED UNDER SEAL, #14 Exhibit A-12 - FILED UNDER SEAL, #15 Exhibit A-13 - FILED UNDER SEAL, #16 Exhibit A-14 - FILED UNDER SEAL, #17 Exhibit A-15 - '895 Patent to Bottom, #18 Exhibit B - FILED UNDER SEAL, #19 Exhibit C - Dr. Michalson's Expert Report on Validity, #20 Exhibit D - FILED UNDER SEAL)(Crain, Norman) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 12/6/2019 (adg).
August 5, 2019 Filing 256 MOTION for Leave to File Matters Under Seal re: #255 Notice of Filing,, by Acceleron, LLC. (Crain, Norman)
August 5, 2019 Filing 255 SEALED NOTICE Of Filing by Acceleron, LLC re #254 MOTION to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent (Attachments: #1 Exhibit E - Dell's Fifth Responses to Second Interrogatories, #2 Exhibit F - Dell's Third Responses to Third Interrogatories, #3 Exhibit G - Dell's Third Responses to Fifth Interrogatories, #4 Exhibit I - Ex. 35 to Michalson Report)(Crain, Norman) Modified on 8/21/2019 (usw).
August 5, 2019 Filing 254 MOTION to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to Strike Portions of Dell's Invalidity Contentions Raised or That Reasonably Could Have Been Raised During the Inter Partes Review of the '021 Patent, #2 Exhibit A - 07-13-2016 Baker Botts Article, #3 Exhibit B - Article, Winter 2014, #4 Exhibit C - 06-07-2019 Estoppel Article, #5 Exhibit D - 04-01-2019 Expert Report of Dr. Michalson, #6 Exhibit E - Filed Under Seal, #7 Exhibit F - Filed Under Seal, #8 Exhibit G - Filed Under Seal, #9 Exhibit H - Ex. 34 to Michalson Report, #10 Exhibit I - Filed Under Seal, #11 Exhibit J - Ex. 37 to Michalson Report, #12 Exhibit K - Ex. 36 to Michalson Report, #13 Exhibit L - StorPoint Manuel)(Crain, Norman)
August 5, 2019 Filing 253 MOTION for Leave to File Matters Under Seal re: #252 Notice of Filing, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
August 5, 2019 Filing 252 SEALED NOTICE Of Filing by Acceleron, LLC re #251 MOTION to Strike Portions of Dr. William Michalson's Invalidity Reports (Attachments: #1 Exhibit C - 06-07-2019 Rebuttal Report of Dr. Michalson, #2 Exhibit D - 05-24-2019 Initial Report of William Putnam, #3 Exhibit Excerpts from the 06-20-2019 Deposition of Dr. Michalson)(Gravois, Robert) Modified on 8/21/2019 (usw).
August 5, 2019 Filing 251 MOTION to Strike Portions of Dr. William Michalson's Invalidity Reports with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to Strike Portions of Dr. William Michalson's Invalidity Reports, #2 Exhibit A - REDACTED_01-30-2019 Hearing Transcript, #3 Exhibit B - 04-01-2019 Expert Report of Dr. Michalson, #4 Exhibit C - Filed Under Seal, #5 Exhibit D - Filed Under Seal, #6 Exhibit E - '021 Patent, #7 Exhibit F - Filed Under Seal, #8 Exhibit G - Table of Previously Undisclosed MTC's in Dr. Michalson's Initial Report, #9 Exhibit I - Table of Previously Undisclosed MTC's in Dr. Michalson's Rebuttal Report, #10 Exhibit I - Dell's Revised Roadmap of Previously Disclosed Obviousness Combinations and MTC's)(Gravois, Robert)
July 31, 2019 Opinion or Order Filing 250 ORDER DENYING Dell's #247 Motion for Leave to File Excess Pages. The Court will allow each side to file up to two motions for summary judgment with page limits in accordance with Local Rule 7.1(D). The Court also hereby notifies the partiesof its intent to appoint William H. Needle as a special master to review and issue a report and recommendation on the parties motions for summary judgment.The parties shall inform the Court, on or before August 14, of any objections to Needle's appointment or any relationship with Needle that would disqualify him pursuant to Rule 53(a)(2). Please see Order for further specifics and directives. Signed by Judge Timothy C. Batten, Sr. on 07/31/2019. (usw)
July 29, 2019 Filing 249 REPLY to Response to Motion re #247 MOTION for Leave to File Excess Pages regarding Summary Judgment Briefs filed by Dell, Inc.. (Attachments: #1 Exhibit 1 - July 24 Email from Dell to Acceleron)(Meek, Kevin)
July 26, 2019 Filing 248 RESPONSE re #247 MOTION for Leave to File Excess Pages regarding Summary Judgment Briefs and in Opposition to Dell's Request to Limit the Parties to a Single Motion for Summary Judgment filed by Acceleron, LLC. (Gresham, Dan)
July 23, 2019 Filing 247 MOTION for Leave to File Excess Pages regarding Summary Judgment Briefs by Dell, Inc.. (Attachments: #1 Exhibit 1 - July 16 email from Dell to Acceleron re MSJ page limites, #2 Exhibit 2 - July 22 email from Acceleron to Dell re MSJ page limits, #3 Text of Proposed Order)(Meek, Kevin)
May 16, 2019 Filing 246 AFFIDAVIT of Service for Subpoena for Deposition , as to Robert Pattillo. (Flake, Andrew)
April 30, 2019 Filing 245 NOTICE by Dell, Inc. of Subpoena to Robert A. Pattillo [DEPO-PROD] (Meek, Kevin)
April 26, 2019 Opinion or Order Filing 244 ORDER GRANTING #243 Joint Motion for Limited Extension of Time to Complete Remaining Fact and Expert Testimony. Expert witness disclosures required by Rule 26 on the issues on which the opposing party bears the burden of proof, deadline is now 05/24/2019. Rebuttal expert witness disclosures permitted by Rule 26, deadline is now 06/07/2019. Completion of expert witness depositions, deadline is now 07/08/2019. Settlement Conference After Discovery, deadline is now 07/23/2019. Summary Judgment Motions Filed deadline is now 08/07/2019. Signed by Judge Timothy C. Batten, Sr. on 04/26/2019. (usw)
April 25, 2019 Filing 243 Joint MOTION for Extension of Time to Complete Remaining Fact and Expert Discovery re: #201 Order on Motion for Extension of Time to Complete Discovery by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
April 15, 2019 Opinion or Order Filing 242 ORDER DENYING AS MOOT Dell's #203 Motion to Strike and DENYING Dell's #236 Motion to Strike. The Court hereby orders Acceleron to amend its infringement contentions to include a statement about how the doctrine of equivalents applies to each claim element by 11:59 p.m. on Monday, April 22. To avoid prejudice to Dell, the Court extends fact discovery until June 6. During that discovery period, all discovery requests (interrogatories, document requests, etc.) must be responded to within seven days. Signed by Judge Timothy C. Batten, Sr. on 04/15/2019. (usw)
April 11, 2019 Filing 241 REPLY to Response to Motion re #236 MOTION to Strike PLAINTIFF ACCELERON LLC'S THIRD AMENDED INFRINGEMENT CONTENTIONS filed by Dell, Inc.. (Meek, Kevin)
April 8, 2019 Opinion or Order Filing 240 ORDER directing shortened deadline for Dell to reply to response to #236 motion to strike. Deadline is 4/15/19 at 9:00 EDT. Signed by Judge Timothy C. Batten, Sr. on 4/8/19. (rsh)
April 8, 2019 Filing 239 RESPONSE in Opposition re #236 MOTION to Strike PLAINTIFF ACCELERON LLC'S THIRD AMENDED INFRINGEMENT CONTENTIONS filed by Acceleron, LLC. (Attachments: #1 Exhibit A - 03-14-2019 Dell's Third Amended Non-Infringement Contentions, #2 Exhibit B - Schutz IC Disclosure and Charts, #3 Exhibit C - SIPCO, LLC v. Control4 Corp. decision, #4 Exhibit D - SIPCOs Disclosure of Infringement Content, #5 Exhibit E - Exemplary SIPCO Claim Chart, Doc. 200-7, #6 Exhibit F - Transcript of Oral Hearing at PTAB)(Crain, Norman)
April 1, 2019 Opinion or Order Filing 238 ORDER denying #108 Acceleron's Motion to Strike and accepting and adopting as part of its order Dells proposal outlined in Exhibit B. The parties have indicated they are "close" to resolving disputes surrounding the depositions of David Bottom, Stephen Roussett, and Bryn Forbes. The Court expects the parties to, in fact, resolve any such dispute by agreement. Dells objection to the deposition of Bryn Forbes, set forth on page ten of Exhibit B, is overruled. (See attached Exhs A and B) Signed by Judge Timothy C. Batten, Sr. on 4/1/19. (rsh)
April 1, 2019 Opinion or Order Filing 237 ORDER directing Acceleron to respond to Dell's #236 MOTION to Strike by 9:00 a.m. EDT on April 8, 2019. Signed by Judge Timothy C. Batten, Sr. on 4/1/19. (rsh)
March 28, 2019 Filing 236 MOTION to Strike PLAINTIFF ACCELERON LLC'S THIRD AMENDED INFRINGEMENT CONTENTIONS with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion to Strike, #2 Exhibit 1 ISO Motion to Strike, #3 Text of Proposed Order)(Meek, Kevin)
March 27, 2019 Opinion or Order Filing 235 ORDER granting #228 , #229 Motions for Limited Extension of Time to Complete Discovery. The discovery period is extended indefinitely with the expectation that the deposition of Robert Pattillo will be taken forthwith. Footnote 1: Motion to seal docket entry #229 DENIED. Signed by Judge Timothy C. Batten, Sr. on 3/27/19. (rsh) Modified on 4/4/2019 (rsh).
March 14, 2019 Filing 234 MOTION for Leave to File Matters Under Seal re: #232 Response in Opposition to Motion,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
March 14, 2019 Filing 233 PROVISIONALLY SEALED NOTICE Of Filing Acceleron's Response in Opposition to Dell's Motion for Limited Extension of Discovery to Take Fact Witness Deposition by Acceleron, LLC re #232 Response in Opposition to Motion,, (Attachments: #1 Exhibit A - Acceleron's Third Supplemental Responses to Dell's Third Set of Interrogatories, #2 Exhibit B - The Venture Intelligence Blog, #3 Exhibit C - Excerpt from Acceleron's Rule 30(b)(6) February 28, 2019 Deposition, #4 Exhibit D - Acceleron's Responses to Dell's First Interrogatories, #5 Exhibit E - Declaration of Robert Gravois, #6 Exhibit F - Dell's 01-18-2019 E-mail to the Court, #7 Exhibit G - Acceleron's 01-24-2019 Response E-mail)(Crain, Norman)
March 14, 2019 Filing 232 RESPONSE in Opposition re #228 MOTION for Extension of Time to Complete Discovery [Limited Extension of Discovery to Take Fact Witness Deposition] filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal, #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - Excerpts from the 01-30-2019 Hearing Transcript)(Crain, Norman)
March 14, 2019 Submission of #203 MOTION to Strike Portions of Plaintiff Acceleron LLC's Infringement Contentions, to District Judge Timothy C. Batten Sr.. (usw)
March 13, 2019 Filing 231 REPLY to Response to Motion re #203 MOTION to Strike Portions of Plaintiff Acceleron LLC's Infringement Contentions filed by Dell, Inc.. (Attachments: #1 Exhibit 1 ISO Dell's Reply, #2 Exhibit 2 ISO Dell's Reply, #3 Exhibit 3 ISO Dell's Reply, #4 Exhibit 4 ISO Dell's Reply, #5 Exhibit 5 ISO Dell's Reply, #6 Exhibit 6 ISO Dell's Reply, #7 Exhibit 7 ISO Dell's Reply)(Meek, Kevin)
March 5, 2019 Submission of #203 MOTION to Strike Portions of Plaintiff Acceleron LLC's Infringement Contentions, to District Judge Timothy C. Batten Sr. (usw)
February 28, 2019 Filing 230 MOTION for Leave to File Matters Under Seal re: #229 Notice of Filing, Defendant's Unredacted Memorandum of Law in Support of Its Motion for Limited Extension of Discovery to Take Fact Witness Deposition with Brief In Support by Dell, Inc.. (Attachments: #1 Text of Proposed Order)(Flake, Andrew)
February 28, 2019 Filing 229 NOTICE Of Filing Unredacted Memorandum of Law in Support of Its Motion for Limited Extension of Discovery by Dell, Inc. re #228 MOTION for Extension of Time to Complete Discovery [Limited Extension of Discovery to Take Fact Witness Deposition] (Attachments: #1 Brief)(Flake, Andrew) Modified on 4/4/2019 (rsh).
February 28, 2019 Filing 228 MOTION for Extension of Time to Complete Discovery [Limited Extension of Discovery to Take Fact Witness Deposition] with Brief In Support by Dell, Inc.. (Attachments: #1 Brief)(Flake, Andrew)
February 26, 2019 Opinion or Order Filing 227 ORDER AND APPROVED STIPULATION CONCERNING PRODUCTION OF CERTAIN DOCUMENTS AND PROTECTION OF WORK PRODUCT. Please see Order for further specifics and directives. Signed by Judge Timothy C. Batten, Sr. on 02/26/2019. (usw)
February 20, 2019 Opinion or Order Filing 226 ORDER GRANTING #225 Consent Motion for Extension of Time for Defendant Dell's Reply to Plaintiff's Response #221 to Defendant's Motion to Strike #203 . Defendant Dell's response to #221 is extended through and including 3/13/2019. Signed by Judge Timothy C. Batten, Sr. on 02/20/2019. (usw)
February 19, 2019 Filing 225 Consent MOTION for Extension of Time to File Reply re: #221 Response in Opposition to Motion,,,,,,,, by Dell, Inc.. (Attachments: #1 Text of Proposed Order)(Meek, Kevin)
February 15, 2019 Opinion or Order Filing 224 ORDER GRANTING #223 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 02/15/2019. (usw)
February 13, 2019 Filing 223 MOTION for Leave to File Matters Under Seal re: #222 Notice of Filing,,,,,, by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
February 13, 2019 Filing 222 SEALED NOTICE Of Filing by Acceleron, LLC re #221 Response in Opposition to Motion,,,,,,,, (Sealed Documents) (Attachments: #1 Exhibit 2 - Exhibit 1 to Accelerons Third Amended Infringement Contentions, #2 Exhibit 3 - Exhibit 2 to Accelerons Third Amended Infringement Contentions, #3 Exhibit 4 - Exhibit 3 to Accelerons Third Amended Infringement Contentions, #4 Exhibit 5 - Exhibit 4 to Accelerons Third Amended Infringement Contentions, #5 Exhibit 6 - Exhibit 5 to Accelerons Third Amended Infringement Contentions, #6 Exhibit 22 - Exhibit 5 to Accelerons First Amended Infringement Contentions, #7 Exhibit 30 - Exhibit 1 to Accelerons Second Amended Infringement Contentions, #8 Exhibit 31 - Exhibit 2 to Accelerons Second Amended Infringement Contentions, #9 Exhibit 32 - Exhibit 3 to Accelerons Second Amended Infringement Contentions, #10 Exhibit 33 - Exhibit 4 to Accelerons Second Amended Infringement Contentions, #11 Exhibit 34 - Exhibit 5 to Accelerons Second Amended Infringement Contentions, #12 Exhibit 36 - Exhibit A to Dells Second Amended Response to Infringement Contentions, #13 Exhibit 37 - Exhibit B to Dells Second Amended Response to Infringement Contentions, #14 Exhibit 38 - Exhibit C to Dells Second Amended Response to Infringement Contentions, #15 Exhibit 39 - Exhibit D to Dells Second Amended Response to Infringement Contentions, #16 Exhibit 40 - Exhibit E to Dells Second Amended Response to Infringement Contentions, #17 Exhibit 42 - Excerpts of Draft of Transcript of January 30, 2019 Hearing)(Crain, Norman) Modified on 2/15/2019 (usw).
February 13, 2019 Filing 221 RESPONSE in Opposition re #203 MOTION to Strike Portions of Plaintiff Acceleron LLC's Infringement Contentions (Redacted) filed by Acceleron, LLC. (Attachments: #1 Exhibit 1 - Acceleron's Third Amended Infringement Contentions, #2 Exhibit 7 - Acceleron's Initial Infringement Contentions, #3 Exhibit 8 - Ex. 1 to Initial Infringement Contentions, #4 Exhibit 9 - Ex. 2 to Initial Infringement Contentions, #5 Exhibit 10 - Ex. 3 to Initial Infringement Contentions, #6 Exhibit 11 - Ex. 4 to Initial Infringement Contentions, #7 Exhibit 12 - Dell's Initial Response to Infringement Contentions, #8 Exhibit 13 - Ex. A_Dell's Preliminary Non-Infringement Claim Chart for '021 Patent, #9 Exhibit 14 - Ex. B_Dell's Preliminary Non-Infringement Claim Chart for '021 Patent, #10 Exhibit 15 - Ex. C_Dell's Preliminary Non-Infringement Claim Chart for '021 Patent, #11 Exhibit 16 - Ex. D_Dell's Preliminary Non-Infringement Claim Chart for '021 Patent, #12 Exhibit 17 - Acceleron's First Amended Infringement Contentions, #13 Exhibit 18 - Ex. 1 to First Amended Infringement Contentions, #14 Exhibit 19 - Ex. 2 to First Amended Infringement Contentions, #15 Exhibit 20 - Ex. 3 to First Amended Infringement Contentions, #16 Exhibit 21 - Ex. 4 to First Amended Infringement Contentions, #17 Exhibit 23 - First Amended Non-Infringement Contentions, #18 Exhibit 24 - Ex. A_First Amended Non-Infringement Contentions, #19 Exhibit 25 - Ex. B_First Amended Non-Infringement Contentions, #20 Exhibit 26 - Ex. C_First Amended Non-Infringement Contentions, #21 Exhibit 27 - Ex. D_First Amended Non-Infringement Contentions, #22 Exhibit 28 - Ex. E_First Amended Non-Infringement Contentions, #23 Exhibit 29 - Second Amended Infringement Contentions, #24 Exhibit 35 - Second Amended Non-Infringement Contentions, #25 Exhibit 41 - Declaration of Robert Gravois)(Crain, Norman)
January 30, 2019 Opinion or Order Filing 220 ORDER GRANTING #215 Motion for Extension of Time through and including 2/13/2019 for plaintiff to respond to #203 MOTION to Strike Portions of Plaintiff Acceleron LLC's Infringement Contentions. Signed by Judge Timothy C. Batten, Sr. on 1/30/2019. (adg)
January 30, 2019 Opinion or Order Filing 219 ORDER DENYING #185 Motion to Dismiss; the #108 Motion to Strike Dell' s obviousness-based invalidity contentions is HELD IN ABEYANCE (in hopes that parties will resolve the dispute by agreement); the #154 Motion for Sanctionsdue to Dell's spoliation of evidence is DENIED. Signed by Judge Timothy C. Batten, Sr. on 1/30/2019. (adg)
January 30, 2019 Filing 218 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Motion Hearing held on 1/30/2019. #108 Motion to Strike TAKEN UNDER ADVISEMENT ; #185 Motion to Dismiss DENIED. Written order forthcoming on the spoliation issue. (Court Reporter Lori Burgess)(adg)
January 30, 2019 Opinion or Order Filing 217 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 1/30/19 at 9:30 am. Signed by Judge Timothy C. Batten, Sr. on 1/29/19. (rsh)
January 30, 2019 Opinion or Order Filing 216 ORDER ALLOWING attorneys and assistants to the attorneys for Plaintiff and Defendant be allowed to bring cell phones and laptops, as well as other evidentiary equipment, into the Courthouse in Newnan on 1/30/2019. Signed by Judge Timothy C. Batten, Sr. on 1/29/2019. (adg)
January 29, 2019 Filing 215 Consent MOTION for Extension of Time re: #203 MOTION to Strike Portions of Plaintiff Acceleron LLC's Infringement Contentions by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
January 28, 2019 Filing 214 REPLY to Response to Motion re #211 MOTION to Strike #208 Response (Non-Motion),,,,,, Acceleron's Response to Dell Inc.'s Notice of Amended Invalidity Contentions Relevant to Acceleron's Motion to Strike filed by Dell, Inc.. (Heyman, Paula)
January 24, 2019 Opinion or Order Filing 213 ORDER GRANTING #210 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 1/24/2018. (usw)
January 24, 2019 Opinion or Order Filing 212 ORDER DENYING #211 Motion to Strike; however, Dell may reply to Accelerons response by noon on January 28. Dells brief should not exceed ten pages. Signed by Judge Timothy C. Batten, Sr. on 1/24/2019. (usw)
January 24, 2019 NOTICE RESETTING Hearing as to TIME AND PLACE ONLY: Motions hearing set for 1/30/2019 at 09:30 AM in NEWN 3rd Floor Courtroom before Judge Timothy C. Batten Sr. (se)
January 22, 2019 Filing 211 MOTION to Strike Acceleron's #208 Response to Dell Inc.'s Notice of Amended Invalidity Contentions Relevant to Acceleron's Motion to Strike by Dell, Inc.. (Attachments: #1 Text of Proposed Order)(Meek, Kevin) Modified on 1/23/2019 to remove duplicate text (adg).
January 18, 2019 Filing 210 MOTION for Leave to File Matters Under Seal re: #209 Notice of Filing, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
January 18, 2019 Filing 209 SEALED NOTICE Of Filing Provisionally Sealed Documents by Acceleron, LLC re #208 Response (Non-Motion),,,,,, (Attachments: #1 Exhibit Appendix C-8 - RLX System, #2 Exhibit Appendix D-2 - RLX System Combo Chart)(Crain, Norman) Modified on 1/24/2019 (usw).
January 18, 2019 Filing 208 RESPONSE re #200 Notice (Other) of Dell's Amended Invalidity Contentions Relevant to Acceleron's Motion to Strike filed by Acceleron, LLC. (Attachments: #1 Exhibit 1 - Dell's Second Amended Invalidity Contentions, #2 Exhibit Appendix A-12 - Dellacona '155, #3 Exhibit Appendix A-25 - Creason, et al. '150, #4 Exhibit Appendix A-28 - Wallach, et al. '028, #5 Exhibit Appendix A-38 - Nouri '053, #6 Exhibit Appendix C-7 - Ketris System, #7 Exhibit Appendix C-8 - RLX System - FILED UNDER SEAL, #8 Exhibit Appendix C-12 - StorPoint NAS, #9 Exhibit Appendix C-13 - Starfire System, #10 Exhibit Appendix D-1 - Ketris Combo Chart, #11 Exhibit Appendix D-2 - RLX Combo Chart - FILED UNDER SEAL, #12 Exhibit Appendix D-4 - Chipcom Combo Chart, #13 Exhibit Appendix D-5 - Cubix Combo Chart, #14 Exhibit Appendix D-7 - Hipp '748 Combo Chart, #15 Exhibit Appendix D-8 - Hipp '506 Combo Chart, #16 Exhibit Appendix D-9 - Hipp '636 Combo Chart, #17 Exhibit Appendix D-10 - Hipp '878 Combo Chart, #18 Exhibit Appendix D-11 - Hipp '967 Combo Chart, #19 Exhibit Appendix D-12 - Gallagher Combo Chart, #20 Exhibit 2 - Amended Notice of Deposition of Shawn Dube, #21 Exhibit 3 - Amended Notice of Deposition of Greg Casey, #22 Exhibit 4 - Notice of Deposition of Babu Chandrasekhar, #23 Exhibit 5 - Amended Notice of Deposition of Stephen Roussett, #24 Exhibit 6 - Notice of Deposition of Theirry Pellegrino)(Crain, Norman)
January 18, 2019 Filing 207 Corporate Disclosure Statement by Dell, Inc. identifying Corporate Parent Denali Intermediate Inc., Other Affiliate Dell Technologies Inc. for Dell, Inc. by Dell, Inc..(Meek, Kevin)
January 17, 2019 Opinion or Order Filing 206 ORDER GRANTING #205 Motion for Leave to File Matters Under Seal.. Signed by Judge Timothy C. Batten, Sr. on 1/17/2019. (usw)
January 16, 2019 Filing 205 MOTION for Leave to File Matters Under Seal re: #204 Notice of Filing,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Text of Proposed Order)(Meek, Kevin)
January 16, 2019 Filing 204 SEALED NOTICE Of Filing Motion to Strike - SEALED EXHIBITS by Dell, Inc. re #203 MOTION to Strike Portions of Plaintiff Acceleron LLC's Infringement Contentions (Attachments: #1 Exhibit 2 ISO Motion to Strike [SEALED], #2 Exhibit 3 ISO Motion to Strike [SEALED], #3 Exhibit 4 ISO Motion to Strike [SEALED], #4 Exhibit 5 ISO Motion to Strike [SEALED], #5 Exhibit 6 ISO Motion to Strike [SEALED], #6 Exhibit 10 ISO Motion to Strike [SEALED], #7 Exhibit 14 ISO Motion to Strike [SEALED], #8 Exhibit 17 ISO Motion to Strike [SEALED])(Meek, Kevin) Modified on 1/17/2019 (usw).
January 16, 2019 Filing 203 MOTION to Strike Portions of Plaintiff Acceleron LLC's Infringement Contentions with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Dell's Motion to Strike, #2 Exhibit 1 ISO Dell's Motion to Strike, #3 Exhibit 2 ISO Dell's Motion to Strike [SEALED], #4 Exhibit 3 ISO Dell's Motion to Strike [SEALED], #5 Exhibit 4 ISO Dell's Motion to Strike [SEALED], #6 Exhibit 5 ISO Dell's Motion to Strike [SEALED], #7 Exhibit 6 ISO Dell's Motion to Strike [SEALED], #8 Exhibit 7 ISO Dell's Motion to Strike, #9 Exhibit 8 ISO Dell's Motion to Strike, #10 Exhibit 9 ISO Dell's Motion to Strike, #11 Exhibit 10 ISO Dell's Motion to Strike [SEALED], #12 Exhibit 11 ISO Dell's Motion to Strike, #13 Exhibit 12 ISO Dell's Motion to Strike, #14 Exhibit 13 ISO Dell's Motion to Strike, #15 Exhibit 14 ISO Dell's Motion to Strike [SEALED], #16 Exhibit 15 ISO Dell's Motion to Strike, #17 Exhibit 16 ISO Dell's Motion to Strike, #18 Exhibit 17 ISO Dell's Motion to Strike [SEALED])(Meek, Kevin)
January 4, 2019 Opinion or Order Filing 202 ORDER GRANTING #197 Motion for Leave to File Matters Under Seal. The #196 Reply Brief in Support of the Motion to Dismiss will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 1/4/2019. (adg)
January 3, 2019 NOTICE of Hearing on Motion re: #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence Motion Hearing set for 1/30/2019 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. (se)
December 27, 2018 Opinion or Order Filing 201 ORDER granting #198 Motion for Extension of Time to Complete Discovery. Discovery ends on 1/18/2019. See Order for other deadlines. Signed by Judge Timothy C. Batten, Sr. on 12/27/18. (rsh)
December 27, 2018 Submission of #185 MOTION to Dismiss for Lack of Standing, to District Judge Timothy C. Batten Sr.. (jlm)
December 21, 2018 Filing 200 NOTICE by Dell, Inc. re #108 MOTION to Strike Dell's Obviousness-Based Invalidity Contentions [NOTICE OF AMENDED INVALIDITY CONTENTIONS RELEVANT TO ACCELERON'S MOTION TO STRIKE] (Heyman, Paula)
December 21, 2018 Filing 199 NOTICE Of Filing Subpoena on Peter F. Schoenthaler by Dell, Inc. (Flake, Andrew)
December 21, 2018 Filing 198 Joint MOTION for Extension of Time to Complete Discovery by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Maurer, Eric)
December 19, 2018 Filing 197 MOTION for Leave to File Matters Under Seal re: #196 Reply to Response to Motion, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Text of Proposed Order)(Heyman, Paula)
December 19, 2018 Filing 196 SEALED REPLY to Response to Motion re #185 MOTION to Dismiss for Lack of Standing filed by Dell, Inc.. (Attachments: #1 Exhibit 1 - ISO Reply ISO Motion to Dismiss, #2 Exhibit 2 - ISO Reply ISO Motion to Dismiss, #3 Exhibit 3 - ISO Reply ISO Motion to Dismiss)(Heyman, Paula) Modified on 1/4/2019 (adg).
December 18, 2018 Opinion or Order Filing 195 ORDER granting #191 Motion for Leave to File Matters Under Seal re #190 Response and Exhibits. Signed by Judge Timothy C. Batten, Sr. on 12/18/18. (jlm)
December 18, 2018 Opinion or Order Filing 194 ORDER granting #187 Motion for Leave to File Matters Under Seal re #186 Brief in Support and Exhibits. Signed by Judge Timothy C. Batten, Sr. on 12/18/18. (jlm)
December 14, 2018 Opinion or Order Filing 193 ORDER GRANTING defendant's #188 Motion for Clarification. The court is substituting the following language on the sentence #182 ,"The special master similarly concluded that a person or ordinary skill in the art would believe that polls also encompassed queries and interrupts[] shall now be The special master similarly concluded that a person of ordinary skill in the art would not believe that polls also encompassed queries and interrupts. The construction of polls remains actively gathers information. Signed by Judge Timothy C. Batten, Sr. on 12/14/18. (usw)
December 13, 2018 Filing 192 RESPONSE in Opposition re #188 MOTION for Clarification re: #182 Order on Report and Recommendation of Special Master,, filed by Acceleron, LLC. (Maurer, Eric)
December 5, 2018 Filing 191 MOTION for Leave to File Matters Under Seal re: #190 Notice of Filing,,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Gravois, Robert)
December 5, 2018 Filing 190 SEALEDAcceleron's RESPONSE IN OPPOSITION to Dell's Motion to Dismiss for Lack of Standing by Acceleron, LLC re #189 Response in Opposition to Motion,, (Attachments: #1 Exhibit A - Asset Purchase Agreement, #2 Exhibit B - 04-13-2007 Letter from Ramey, #3 Exhibit C - 04-19-2007 Letter from Racemi, #4 Exhibit D - 04-24-2007 Letter from AB, #5 Exhibit E - 05-04-2007 Letter from Racemi, #6 Exhibit F - 05-07-2007 Letter from AB, #7 Exhibit G - 05-22-2007 Letter from Racemi, #8 Exhibit H - 05-23-2007 Letter from AB, #9 Exhibit J - 08-18-2017 Acceleron's Responses to Dell's First Interrogatories, #10 Exhibit K - 12-15-17 Acceleron's First Supplemental Responses to Dell's First Interrogatories, #11 Exhibit L - Excerpts from 10-30-2018 Deposition of Thomas Ramey, #12 Exhibit M - Acceleron, LLC Operating Agreement)(Gravois, Robert) Modified on 12/6/2018 (jlm). Modified on 12/18/2018 (jlm).
December 5, 2018 Filing 189 REDACTED RESPONSE in Opposition re #185 MOTION to Dismiss for Lack of Standing filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal, #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - Filed Under Seal, #9 Exhibit I - Recorded Assignment, #10 Exhibit J - Filed Under Seal, #11 Exhibit K - Filed Under Seal, #12 Exhibit L - Filed Under Seal, #13 Exhibit M - Filed Under Seal)(Gravois, Robert) Modified on 12/6/2018 (jlm).
November 29, 2018 Filing 188 MOTION for Clarification re: #182 Order on Report and Recommendation of Special Master,, by Dell, Inc.. (Meek, Kevin)
November 22, 2018 Filing 187 MOTION for Leave to File Matters Under Seal re: #186 Notice of Filing,,,, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Text of Proposed Order)(Heyman, Paula)
November 21, 2018 Filing 186 SEALED NOTICE Of Filing Brief ISO Motion to Dismiss by Dell, Inc. re #185 MOTION to Dismiss for Lack of Standing (Attachments: #1 Exhibit 2 ISO Brief, #2 Exhibit 3 ISO Brief, #3 Exhibit 4 ISO Brief, #4 Exhibit 5 ISO Brief, #5 Exhibit 6 ISO Brief, #6 Exhibit 7 ISO Brief, #7 Exhibit 8 ISO Brief, #8 Exhibit 9 ISO Brief, #9 Exhibit 10 ISO Brief, #10 Exhibit 11 ISO Brief, #11 Exhibit 12 ISO Brief, #12 Exhibit 13 ISO Brief, #13 Exhibit 14 ISO Brief, #14 Exhibit 15 ISO Brief, #15 Exhibit 16 ISO Brief, #16 Exhibit 17 ISO Brief, #17 Exhibit 18 ISO Brief, #18 Exhibit 19 ISO Brief, #19 Exhibit 20 ISO Brief, #20 Exhibit 21 ISO Brief, #21 Exhibit 22 ISO Brief, #22 Exhibit 23 ISO Brief, #23 Exhibit 24 ISO Brief, #24 Exhibit 25 ISO Brief, #25 Exhibit 26 ISO Brief, #26 Exhibit 27 ISO Brief, #27 Exhibit 29 ISO Brief, #28 Exhibit 30 ISO Brief, #29 Exhibit 31 ISO Brief, #30 Exhibit 33 ISO Brief, #31 Exhibit 34 ISO Brief)(Heyman, Paula) Modified on 12/18/2018 (jlm).
November 21, 2018 Filing 185 MOTION to Dismiss for Lack of Standing with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion to Dismiss [filed provisionally under seal], #2 Exhibit 1 ISO Brief, #3 Exhibit 2 ISO Brief [filed provisionally under seal], #4 Exhibit 3 ISO Brief [filed provisionally under seal], #5 Exhibit 4 ISO Brief [filed provisionally under seal], #6 Exhibit 5 ISO Brief [filed provisionally under seal], #7 Exhibit 6 ISO Brief [filed provisionally under seal], #8 Exhibit 7 ISO Brief [filed provisionally under seal], #9 Exhibit 8 ISO Brief [filed provisionally under seal], #10 Exhibit 9 ISO Brief [filed provisionally under seal], #11 Exhibit 10 ISO Brief [filed provisionally under seal], #12 Exhibit 11 ISO Brief [filed provisionally under seal], #13 Exhibit 12 ISO Brief [filed provisionally under seal], #14 Exhibit 13 ISO Brief [filed provisionally under seal], #15 Exhibit 15 ISO Brief [filed provisionally under seal], #16 Exhibit 16 ISO Brief [filed provisionally under seal], #17 Exhibit 17 ISO Brief [filed provisionally under seal], #18 Exhibit 18 ISO Brief [filed provisionally under seal], #19 Exhibit 19 ISO Brief [filed provisionally under seal], #20 Exhibit 20 ISO Brief [filed provisionally under seal], #21 Exhibit 21 ISO Brief [filed provisionally under seal], #22 Exhibit 22 ISO Brief [filed provisionally under seal], #23 Exhibit 23 ISO Brief [filed provisionally under seal], #24 Exhibit 24 ISO Brief [filed provisionally under seal], #25 Exhibit 25 ISO Brief [filed provisionally under seal], #26 Exhibit 26 ISO Brief [filed provisionally under seal], #27 Exhibit 27 ISO Brief [filed provisionally under seal], #28 Exhibit 28 ISO Brief, #29 Exhibit 29 ISO Brief [filed provisionally under seal], #30 Exhibit 30 ISO Brief [filed provisionally under seal], #31 Exhibit 31 ISO Brief [filed provisionally under seal], #32 Exhibit 32 ISO Brief, #33 Exhibit 33 ISO Brief [filed provisionally under seal], #34 Exhibit 34 ISO Brief [filed provisionally under seal], #35 Exhibit 35 ISO Brief)(Heyman, Paula)
November 21, 2018 Filing 184 Incomplete Filing (See #185 for Complete Document) MOTION to Dismiss For Lack of Standing by Dell, Inc., Dell, Inc., Dell, Inc.. (Heyman, Paula) Modified on 12/10/2018 (jlm).
November 19, 2018 Filing 183 Fourth Initial Disclosures by Dell, Inc..(Heyman, Paula)
November 14, 2018 Opinion or Order Filing 182 ORDER ADOPTING the #119 Report and Recommendation of Special Master subject to the following modifications: 1) hot-swappable... modules is a self-contained electronic component capable of being added to or removed from the computer network appliance while the computer network appliance is powered on or operational; 2) the construction of the claim term power module shall be a module configured to provide power; and 3) the construction of is a... independently functioning computer shall be a computer that does not require assistance to operate. Signed by Judge Timothy C. Batten, Sr. on 11/14/18. (jlm) Court clarified language on 12/14/2018 in docket entry #193 .Modified on 12/14/2018 (usw).
October 24, 2018 Filing 181 Request for Leave of Absence for the following date(s): December 3, 2018 - December 7, 2018, January 2, 2019 - January 4, 2019, February 4, 2019 - February 8, 2019, by Norman Andrew Crain. (Crain, Norman)
October 22, 2018 Opinion or Order Filing 180 ORDER GRANTING #178 Motion for Leave to File Matters Under Seal. Document Nos. 154-1, 154-3, 154-5, 154-6, 154-7, 154-8, 154-17, 162, and 173 will remain permanently sealed and be replaced with redacted versions (Document Nos. 178-2, 178-3, 178-4, 178-5, 178-6, 178-7, 178-8, 178-9 and 178-10). Signed by Judge Timothy C. Batten, Sr. on 10/22/18. (jlm)
October 17, 2018 Submission of #178 MOTION for Leave to File Matters Under Seal re: #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence, #173 Response in Opposition to Motion, #162 Reply to Response to Motion, , to District Judge Timothy C. Batten Sr.. (jlm)
October 4, 2018 Filing 179 ANSWER to #176 Counterclaim by Acceleron, LLC.(Crain, Norman) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 27, 2018 Filing 178 MOTION for Leave to File Matters Under Seal re: #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence, #173 Response in Opposition to Motion, #162 Reply to Response to Motion, with Brief In Support by Dell, Inc., Dell, Inc., Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Exhibit Dkt. 154-1 REDACTED VERSION, #3 Exhibit Dkt. 154-3 REDACTED VERSION, #4 Exhibit Dkt. 154-5 REDACTED VERSION, #5 Exhibit Dkt. 154-6 REDACTED VERSION, #6 Exhibit Dkt. 154-7 REDACTED VERSION, #7 Exhibit Dkt. 154-8 REDACTED VERSION, #8 Exhibit Dkt. 154-17 REDACTED VERSION, #9 Exhibit Dkt. 162 REDACTED VERSION, #10 Exhibit Dkt. 173 REDACTED VERSION, #11 Text of Proposed Order)(Heyman, Paula)
September 14, 2018 Filing 177 NOTICE by Dell, Inc. of Subpoena to Thomas Ramey, III for Production and Deposition (Heyman, Paula)
September 13, 2018 Filing 176 Dell Inc. ANSWER to #168 Amended Complaint ( Discovery ends on 6/10/2019.), COUNTERCLAIM against Acceleron, LLC with Jury Demand by Dell, Inc..(Meek, Kevin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 11, 2018 Filing 175 REDACTED SUR-REPLY to Acceleron, LLC's Motion For Sanctions Due to Alleged Spoliation of Evidence filed by Dell, Inc., (Attachments: #1 Exh 1 to Surreply)(jlm) #2 Exh 2 to Surreply) (jlm). (SEALED Unredacted Sur-reply at #170 ).
September 11, 2018 Opinion or Order Filing 174 ORDER granting #169 Dell Inc.'s Motion for Leave to File sur-reply. See Order for specific directives as to the filing of the sur-reply. Signed by Judge Timothy C. Batten, Sr. on 9/11/18. (rsh)
September 5, 2018 Filing 173 RESPONSE in Opposition re #169 MOTION for Leave to File Surreply to Acceleron, LLC's Motion For Sanctions Due to Alleged Spoliation of Evidence filed by Acceleron, LLC. (Crain, Norman)
August 30, 2018 Opinion or Order Filing 172 ORDER granting #171 Motion for Leave to File Matters Under Seal. Docs 170, 170-1, 170-2 will remain permanently. Signed by Judge Timothy C. Batten, Sr. on 8/30/18. (rsh)
August 29, 2018 Filing 171 MOTION for Leave to File Matters Under Seal re: #170 Response to Motion, for Leave to File Surreply with Brief In Support by Dell, Inc., Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Text of Proposed Order)(Meek, Kevin)
August 29, 2018 Filing 170 SEALED SUR-REPLY to Acceleron, LLC's Motion For Sanctions Due to Alleged Spoliation of Evidence, filed by Dell, Inc., Dell, Inc.. (Attachments: #1 Exhibit 1 - ISO Exh A, #2 Exhibit 2 - ISO Exh A)(Meek, Kevin) Modified on 8/30/2018 to remain permanently sealed (rsh). Modified on 9/12/2018 (jlm).
August 29, 2018 Filing 169 MOTION for Leave to File Surreply to Acceleron, LLC's Motion For Sanctions Due to Alleged Spoliation of Evidence by Dell, Inc., Dell, Inc.. (Attachments: #1 Exhibit A- Dell's Surreply, #2 Exhibit 1-ISO Exhibit A, #3 Exhibit 2-ISO Exhibit A)(Meek, Kevin) Modified on 9/12/2018 (jlm).
August 23, 2018 Filing 168 First AMENDED COMPLAINT against Dell, Inc.with Jury Demand filed by Acceleron, LLC. (Attachments: #1 Exhibit A - '021 Patent, #2 Exhibit B - M1000e Infringement Contentions Claim Chart)(Crain, Norman) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
August 23, 2018 Opinion or Order Filing 167 ORDER: Acceleron's Motion #150 is GRANTED and Acceleron may file its Amended Complaint; Dell's Motion is GRANTED and Dell may file its Amended Answer, including the amendments contemplated in Dell 's Motion #121 , within twenty-one (21) days of Acceleron filing its Amended Complaint. Signed by Judge Timothy C. Batten, Sr. on 8/22/18. (rsh)
August 21, 2018 Filing 166 Joint MOTION for Order to Permit Amendment of Complaint and Amendment of Answer and Scheduling Order by Dell, Inc.. (Attachments: #1 Text of Proposed Order)(Taylor, Scott)
August 21, 2018 Opinion or Order Filing 165 ORDER GRANTING #164 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 8/20/18. (jlm)
August 20, 2018 Submission of #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence, to District Judge Timothy C. Batten Sr.. (jlm)
August 17, 2018 Filing 164 MOTION for Leave to File Matters Under Seal re: #163 Reply to Response to Motion,, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
August 17, 2018 Filing 163 SEALED REPLY to Response to Motion re #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence (Unredacted) filed by Acceleron, LLC. (Attachments: #1 Exhibit B - Whitney Product Description, Version 2.0, #2 Exhibit C - Dr. Horst's Expert Report_Acceleron v. HP, #3 Exhibit D - Appendix F, Claim Chart to Dr. Horst's Expert Report, #4 Exhibit E - Dell's Privilege Log, #5 Exhibit F - 08-17-2018 Letter Gravois to Meek)(Crain, Norman) Modified on 8/21/2018 (jlm).
August 17, 2018 Filing 162 REPLY to Response to Motion re #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence (Redacted) filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Declaration of Wesley Roberts, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal, #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal)(Crain, Norman)
August 6, 2018 Opinion or Order Filing 161 ORDER GRANTING #159 Motion for Leave to File Matters Under Seal. Documents 158, 158-1 through 158-11 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 8/5/18. (jlm)
August 6, 2018 Opinion or Order Filing 160 ORDER GRANTING #156 Motion for Leave to File Matters Under Seal. Acceleron, LLC's unredacted Brief in Support of its Motion for Sanctions and Exhibits A and S thereto will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 8/5/18. (jlm)
August 3, 2018 Filing 159 MOTION for Leave to File Matters Under Seal re: #158 Response in Opposition to Motion,,, with Brief In Support by Dell, Inc., Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Text of Proposed Order)(Meek, Kevin)
August 3, 2018 Filing 158 SEALED RESPONSE in Opposition re #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence filed by Dell, Inc., Dell, Inc.. (Attachments: #1 Exhibit B ISO Opposition to Motion for Sanctions, #2 Exhibit C ISO Opposition to Motion for Sanctions, #3 Exhibit D ISO Opposition to Motion for Sanctions, #4 Exhibit E ISO Opposition to Motion for Sanctions, #5 Exhibit F ISO Opposition to Motion for Sanctions, #6 Exhibit G ISO Opposition to Motion for Sanctions, #7 Exhibit H ISO Opposition to Motion for Sanctions, #8 Exhibit I ISO Opposition to Motion for Sanctions, #9 Exhibit J ISO Opposition to Motion for Sanctions, #10 Exhibit K ISO Opposition to Motion for Sanctions, #11 Exhibit L ISO Opposition to Motion for Sanctions)(Meek, Kevin) Modified on 8/6/2018 (jlm).
August 3, 2018 Filing 157 RESPONSE in Opposition re #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence filed by Dell, Inc., Dell, Inc.. (Attachments: #1 Exhibit A ISO Opposition to Motion for Sanctions, #2 Exhibit B ISO Opposition to Motion for Sanctions, #3 Exhibit C ISO Opposition to Motion for Sanctions, #4 Exhibit D ISO Opposition to Motion for Sanctions, #5 Exhibit E ISO Opposition to Motion for Sanctions, #6 Exhibit F ISO Opposition to Motion for Sanctions, #7 Exhibit G ISO Opposition to Motion for Sanctions, #8 Exhibit H ISO Opposition to Motion for Sanctions, #9 Exhibit I ISO Opposition to Motion for Sanctions, #10 Exhibit J ISO Opposition to Motion for Sanctions, #11 Exhibit K ISO Opposition to Motion for Sanctions, #12 Exhibit L ISO Opposition to Motion for Sanctions)(Meek, Kevin)
July 30, 2018 Submission of #150 MOTION for Leave to File First Amended Complaint, to District Judge Timothy C. Batten Sr.. (jlm)
July 20, 2018 Filing 156 MOTION for Leave to File Matters Under Seal re: #155 Notice of Filing, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Crain, Norman)
July 20, 2018 Filing 155 SEALED NOTICE Of Filing Unredacted Brief in Support of Motion for Sanctions Due to Dell's Spoliation of Evidence by Acceleron, LLC re #154 MOTION for Sanctions Due to Dell's Spoliation of Evidence (Attachments: #1 Exhibit A - Dell's March 19, 2018 Responses to Acceleron's Third Interrogatories, #2 Exhibit S - Excerpts from the Depositions of David Bottom and Bryn Forbes)(Crain, Norman) Modified on 8/6/2018 (jlm).
July 20, 2018 Filing 154 MOTION for Sanctions Due to Dell's Spoliation of Evidence with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion for Sanctions Due to Dell's Spoliation of Evidence, #2 Exhibit A - Filed Under Seal, #3 Exhibit B - Email Chain between Counsel re: Subpoena to Dr. Horst, #4 Exhibit C - April 4, 2018 Email to Dell with Subpoena to Dr. Horst, #5 Exhibit D - April 11, 2018 Letter from Paula Heyman to Robert Gravois, #6 Exhibit E - April 13, 2018 Letter from Robert Gravois to Paula Heyman, #7 Exhibit F - April 16-26, 2018 Meet and Confer Emails Over Dr. Horst Subpoena, #8 Exhibit G - May 10, 2018 Hearing Transcript, #9 Exhibit H - Responses and Objections to Subpoena to Dr. Horst, #10 Exhibit I - HPE's Response to Subpoena, #11 Exhibit J - April 12, 2018 Letter from Kevin Meek, #12 Exhibit K - April 9, 2018 Letter from Lauren Whittemore, #13 Exhibit L - HPE Document Production Emails, #14 Exhibit M - Declaration of Process Server, #15 Exhibit N - '371 Patent Issued on July 10, 2018, #16 Exhibit O - Email Communications between Counsel re: Dr. Horst, #17 Exhibit P - Emails between Counsel re: Dell's Counsel Accepting Service of Dr. Horst Deposition Subpoena, #18 Exhibit Q - April 2, 2018 Email Admitting to Destruction of Documents, #19 Exhibit R - June 22, 2018 Letter from HPE's Outside Counsel, #20 Exhibit S - Filed Under Seal)(Crain, Norman)
July 17, 2018 Opinion or Order Filing 153 ORDER GRANTING #152 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 7/17/18. (jlm)
July 12, 2018 Filing 152 MOTION for Leave to File Matters Under Seal re: #151 Notice of Filing,,, by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
July 12, 2018 Filing 151 SEALED NOTICE Of Filing by Acceleron, LLC re #150 MOTION for Leave to File First Amended Complaint Sealed Brief and Exhibits (Attachments: #1 Exhibit B - Dell's Response to First Interrogatories, #2 Exhibit G - Dell's Response to Renewed First Interrogatories, #3 Exhibit I - Dell's Notice of Document Productions, #4 Exhibit J - Letters Regarding Discovery Deficiencies, #5 Exhibit L - Dell's Response to Fifth Interrogatories, #6 Exhibit N - Fourth Supplemental Response to Interrogatory 4, #7 Exhibit O - Excerpts from Mr. Chandrasekhar's Deposition, #8 Exhibit P - Excerpts from Mr. Dube's Deposition, #9 Exhibit Q - Excerpt from Prior Damages Report)(Crain, Norman) Modified on 7/17/2018 (jlm).
July 12, 2018 Filing 150 MOTION for Leave to File First Amended Complaint with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief, #2 Exhibit A - Proposed First Amended Complaint, #3 Exhibit B - Filed Under Seal, #4 Exhibit C - Dell's Responses to First Document Requests, #5 Exhibit D - Acceleron Initial Disclosures, #6 Exhibit E - Renewed First Interrogatories, #7 Exhibit F - Renewed First Document Requests, #8 Exhibit G - Filed Under Seal, #9 Exhibit H - Dell's Responses to Renewed First Document Requests, #10 Exhibit I - Filed Under Seal, #11 Exhibit J - Filed Under Seal, #12 Exhibit K - Acceleron's Fifth Interrogatories, #13 Exhibit L - Filed Under Seal, #14 Exhibit M - Notice for Mr. Chandrasekhar, #15 Exhibit N - Filed Under Seal, #16 Exhibit O - Filed Under Seal, #17 Exhibit P - Filed Under Seal, #18 Exhibit Q - Filed Under Seal)(Crain, Norman)
July 10, 2018 Filing 149 NOTICE by Dell, Inc. of Third Party Subpoena on UBM LLC (Heyman, Paula)
July 9, 2018 Filing 148 NOTICE by Dell, Inc. of Subpoena of Joel Derrico (Clark, Ryan)
July 9, 2018 Filing 147 NOTICE by Dell, Inc. of Subpoena of Paul Freet (Clark, Ryan)
June 27, 2018 Filing 146 Amended Initial Disclosures by Dell, Inc..(Heyman, Paula)
June 20, 2018 Filing 145 NOTICE by Dell, Inc. of Third Party Subpoena to Acqis, LLC for Production of Documents (Nall, Jennifer)
June 11, 2018 Opinion or Order Filing 144 ORDER granting #141 Motion to have Docs. 130, 130-4 and 130-5 will remain permanently sealed and be replaced with Document Nos. 141-02, 141-03 and 141-04 for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 6/11/18. (rsh) Modified on 6/12/2018 (jlm).
June 11, 2018 Opinion or Order Filing 143 ORDER granting #142 Motion for Leave to File Under Seal. Document Nos. 121-1 and 121-2 will be permanently sealed and be replaced with Document Nos. 142-2 and 142-3. Signed by Judge Timothy C. Batten, Sr. on 6/11/18. (rsh) Modified on 6/12/2018 (jlm).
June 1, 2018 Filing 142 MOTION for Leave to File Matters Under Seal re: #121 MOTION for Leave to File Amended Answer and Scheduling Order Requesting Dkt. [121-1 and 121-2] be REPLACED with attached PUBLIC VERSIONS with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion to File Under Seal, #2 Exhibit Dkt. [121-1] [PUBLIC VERSION] to Replace Previously filed, #3 Exhibit Dkt. [121-2] [PUBLIC VERSION] to Replace Previously filed, #4 Text of Proposed Order)(Heyman, Paula)
May 24, 2018 Filing 141 Unopposed MOTION for Leave to File Matters Under Seal re: #130 Response (Non-Motion),, with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Dell's Motion to Seal, #2 Exhibit Dkt. #130 [PUBLIC VERSION] to Replace Previously filed, #3 Exhibit Dkt. [130-04] [PUBLIC VERSION] to Replace Previously filed, #4 Exhibit Dkt. [130-05] [PUBLIC VERSION] to Replace Previously filed, #5 Text of Proposed Order)(Heyman, Paula)
May 16, 2018 Opinion or Order Filing 140 ORDER granting #139 Motion for Leave to File Matters Under Seal. Documents 138, 138-1, 138-2, 138-3 and 138-4 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 5/16/18. (rsh)
May 16, 2018 Filing 139 Joint MOTION for Leave to File Matters Under Seal re: #138 Notice of Filing, with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Joint Motion to File Under Seal, #2 Text of Proposed Order)(Crain, Norman)
May 16, 2018 Filing 138 SEALED NOTICE Of Filing by Acceleron, LLC (Joint Notice) (Attachments: #1 Exhibit A - 5-1-2018 Email Andrew Flake to Suzy Edwards, #2 Exhibit B - 5-2-2018 Email Andrew Crain to Suzy Edwards, #3 Exhibit C - 5-3-2018 Email Andrew Crain to Suzy Edwards, #4 Exhibit D - 5-8-2018 Email Andrew Flake to Jonathan Tonge)(Crain, Norman) Modified on 5/16/2018 to remove word "provisional" (rsh).
May 16, 2018 Opinion or Order Filing 137 ORDER granting #135 Motion for Leave to File Matters Under Seal. Document Nos. 134, 134-1 and 134-2 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 5/15/18. (rsh)
May 16, 2018 Opinion or Order Filing 136 ORDER granting #132 Motion for Leave to File Matters Under Seal. Documents 131, 131-1, 131-2 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr. on 5/15/18. (rsh)
May 16, 2018 Documents 131 and 134 are sealed. (rsh)
May 14, 2018 Filing 135 MOTION for Leave to File Matters Under Seal re: #134 Response (Non-Motion), Regarding Plaintiff's Third Party Subpoena to Article One Partners with Brief In Support by Dell, Inc.. (Attachments: #1 Brief ISO Motion for Leave to File Matters Under Seal, #2 Text of Proposed Order)(Heyman, Paula)
May 14, 2018 Filing 134 SEALED RESPONSE re #133 Response (Non-Motion), UNREDACTED filed by Dell, Inc.. (Attachments: #1 Affidavit -Declaration of Paula Heyman ISO Dell Brief, #2 Exhibit C - ISO Dell Brief)(Meek, Kevin)
May 14, 2018 Filing 133 RESPONSE re #129 Discovery Hearing,, Telephone Conference, [REDACTED] filed by Dell, Inc., Dell, Inc.. (Attachments: #1 Affidavit [REDACTED] Declaration of Paula Heyman ISO Dell Briefing, #2 Exhibit A - ISO Dell Briefing, #3 Exhibit B - ISO Dell Briefing, #4 Exhibit C - Filed Under Seal, #5 Exhibit D - ISO Dell Briefing)(Meek, Kevin)
May 14, 2018 Filing 132 MOTION for Leave to File Matters Under Seal re: #131 Response (Non-Motion), in Support of Requests 9 & 13-14 Only From Its Subpoena to Article One Partners, LLC with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to File Under Seal, #2 Text of Proposed Order)(Crain, Norman)
May 14, 2018 Filing 131 SEALED RESPONSE re #130 Response (Non-Motion),, Unredacted filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Emails with the Court, #2 Exhibit G - Study Agreement between Baker Botts and AOP)(Crain, Norman) Modified on 5/16/2018 (rsh).
May 14, 2018 Filing 130 SEALED per #144 RESPONSE re #129 Discovery Hearing,, Telephone Conference, Redacted filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - AOP Study 10761, #3 Exhibit C - Subpoena to AOP, #4 SEALED per #144 Exhibit D - Dell's Supplemental Responses to Acceleron's Third Interrogatories, #5 SEALED per #144 Exhibit E - Emails Between Counsel, #6 Exhibit F - 5-9-2018 Email from Dell's Counsel, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - CrowdSearch Studies, #9 Exhibit I - AOP Researcher Agreement, #10 Exhibit J - AOP Webpage Regarding Private Studies, #11 Exhibit K - 11430 Method and Arrangements for an Event Triggered DRX Cycle Adjustment AOP)(Crain, Norman) Modified on 6/11/2018 (rsh).
May 10, 2018 Filing 129 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Discovery Hearing held on 5/10/2018, Telephone Conference held on 5/10/2018. The Court heard argument and ruled on objections. The parties were directed to file briefs on the AOP subpoena issue by Monday, May 14, 2018. Hearing Concluded(Court Reporter Lori Burgess)(rsh)
May 4, 2018 Filing 128 REPLY to Response to Motion re #121 MOTION for Leave to File Amended Answer and Scheduling Order filed by Dell, Inc., Dell, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nall, Jennifer)
April 27, 2018 Filing 127 OBJECTION re #119 REPORT AND RECOMMENDATION of Special Master re #93 Claim Construction Brief,,,,,,,, #94 Claim Construction Brief,,, #106 Claim Construction Brief, #95 Claim Construction Statement, #105 Claim Construction Brief, #111 Claim Construction Brie by Acceleron, LLC. (Attachments: #1 Exhibit A - US Patent No. 6,948,021, #2 Exhibit B - Excerpts from Markman Hearing Transcript)(Crain, Norman)
April 27, 2018 Filing 126 OBJECTION re #119 REPORT AND RECOMMENDATION of Special Master re #93 Claim Construction Brief,,,,,,,, #94 Claim Construction Brief,,, #106 Claim Construction Brief, #95 Claim Construction Statement, #105 Claim Construction Brief, #111 Claim Construction Brie by Dell, Inc.. (Meek, Kevin)
April 24, 2018 Filing 125 NOTICE of Appearance by Wesley Austin Roberts on behalf of Acceleron, LLC (Roberts, Wesley)
April 24, 2018 Submission of #119 REPORT AND RECOMMENDATION of Special Master re #93 Claim Construction Brief, #94 Claim Construction Brief, #106 Claim Construction Brief, #95 Claim Construction Statement, #105 Claim Construction Brief and #111 Claim Construction Brief, to District Judge Timothy C. Batten Sr.. (jlm)
April 20, 2018 Filing 124 RESPONSE in Opposition re #121 MOTION for Leave to File Amended Answer and Scheduling Order filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Acceleron's First Requests for Production of Documents, #2 Exhibit B - Acceleron's Renewed First Requests for Production of Documents)(Crain, Norman)
April 19, 2018 Filing 123 REPLY to Response to Motion re #108 MOTION to Strike Dell's Obviousness-Based Invalidity Contentions filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Decision Denying Institution of IPR, #2 Exhibit B - Corrected Petition for IPR)(Crain, Norman)
April 9, 2018 Filing 122 Request for Leave of Absence for the following date(s): May 7, 2018 - May 11, 2018, June 4, 2018 - June 8, 2018, June 18, 2018 - June 22, 2018, by Norman Andrew Crain. (Crain, Norman)
April 6, 2018 Filing 121 MOTION for Leave to File Amended Answer and Scheduling Order with Brief In Support by Dell, Inc., Dell, Inc.. (Attachments: SEALED per #143 - SEE [142-2] #1 Brief Memorandum ISO Motion to Amend, SEALED per #143 - SEE [142-3] #2 Affidavit Nall Declaration ISO Motion to Amend, #3 Exhibit Ex. A ISO Nall Declaration, #4 Exhibit Ex. B ISO Nall Declaration, #5 Exhibit Ex. C ISO Nall Declaration)(Nall, Jennifer) Modified on 6/11/2018 (rsh). Modified on 6/11/2018 (rsh).
April 6, 2018 Opinion or Order Filing 120 ORDER granting #117 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr on 4/6/18. (jlm)
April 6, 2018 Filing 119 REPORT AND RECOMMENDATION of Special Master re #93 , #94 , #106 , #95 , #105 , #111 Claim Construction filed by William H. Needle. (rsh)
April 6, 2018 Opinion or Order Filing 118 ORDER granting #110 Motion for Leave to File Matters Under Seal. Document #109 will remain permanently sealed. Signed by Judge Timothy C. Batten, Sr on 4/6/18. (rsh)
April 5, 2018 Filing 117 MOTION for Leave to File Matters Under Seal re: #116 Notice of Filing with Brief In Support by Dell, Inc., Dell, Inc.. (Attachments: #1 Brief ISO Dell's Motion to Seal, #2 Text of Proposed Order)(Heyman, Paula)
April 5, 2018 Filing 116 SEALED NOTICE Of Filing Exhibit 14 ISO #115 Dell's Response to Motion to Strike by Dell, Inc. re #115 Response to Motion,,, (Heyman, Paula)
April 5, 2018 Filing 115 RESPONSE re #108 MOTION to Strike Dell's Obviousness-Based Invalidity Contentions filed by Dell, Inc., Dell, Inc.. (Attachments: #1 Exhibit 1 ISO Dell's Response, #2 Exhibit 2 ISO Dell's Response, #3 Exhibit 3 ISO Dell's Response, #4 Exhibit 4 ISO Dell's Response, #5 Exhibit 5 ISO Dell's Response, #6 Exhibit 6 ISO Dell's Response, #7 Exhibit 7 ISO Dell's Response, #8 Exhibit 8 ISO Dell's Response, #9 Exhibit 9 ISO Dell's Response, #10 Exhibit 10 ISO Dell's Response, #11 Exhibit 11 ISO Dell's Response, #12 Exhibit 12 ISO Dell's Response, #13 Exhibit 13 ISO Dell's Response, #14 Exhibit 14 ISO Dell's Response, #15 Exhibit 15 ISO Dell's Response)(Heyman, Paula)
April 4, 2018 Filing 114 Amended Initial Disclosures by Dell, Inc.. (Attachments: #1 Exhibit A - ISO Dell's Second Amended Initial Disclosures, #2 Exhibit B - ISO Dell's Second Amended Initial Disclosures)(Heyman, Paula)
April 2, 2018 Submission of #108 MOTION to Strike Dell's Obviousness-Based Invalidity Contentions, #110 MOTION for Leave to File Matters Under Seal re: #109 Notice of Filing, Provisionally Sealed Exhibits,submitted to District Judge Timothy C. Batten. (jlm)
March 21, 2018 Opinion or Order Filing 113 ORDER GRANTING #112 Consent Motion for Extension of Time to and including 4/5/18 for Defendant Dell to respond to Plaintiff's #108 MOTION to Strike Dell's Obviousness-Based Invalidity Contentions. Signed by Judge Timothy C. Batten, Sr on 3/21/18. (jlm)
March 21, 2018 Filing 112 Joint MOTION for Extension of Time to Respond to Motion to Strike re: #108 MOTION to Strike Dell's Obviousness-Based Invalidity Contentions by Dell, Inc.. (Attachments: #1 Exhibit Proposed Order)(Flake, Andrew)
March 15, 2018 Filing 111 Claim Construction Brief - Dell's Sur-Reply to Acceleron's Responsive Supplemental Claim Construction Brief filed by Dell, Inc., Dell, Inc... (Attachments: #1 Exhibit 1 - ISO Sur-Reply to Responsive Claim Construction Brief, #2 Exhibit 2 - ISO Sur-Reply to Responsive Claim Construction Brief)(Heyman, Paula)
March 15, 2018 Filing 110 MOTION for Leave to File Matters Under Seal re: #109 Notice of Filing, Provisionally Sealed Exhibits with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to File Under Seal, #2 Text of Proposed Order)(Crain, Norman)
March 15, 2018 Filing 109 SEALED NOTICE Of Filing Provisionally Sealed Exhibits by Acceleron, LLC re #108 MOTION to Strike Dell's Obviousness-Based Invalidity Contentions (Attachments: #1 Exhibit C-8 - RLX System (Corrected), #2 Exhibit C-11 - HP S-Series Server (Corrected), #3 Exhibit D-2 - RLX System Combo Chart (Amended))(Crain, Norman) Modified on 4/6/2018 to remove "provisional" - entry remains permanently sealed (rsh).
March 15, 2018 Filing 108 MOTION to Strike Dell's Obviousness-Based Invalidity Contentions with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Acceleron's Motion to Strike, #2 Exhibit 1 - Dell's Invalidity Contentions, #3 Exhibit A-1 - U.S. Patent No. 5317697A, #4 Exhibit A-2 - U.S. Patent No. 5331509A, #5 Exhibit A-3 - U.S. Patent No. 5390324A, #6 Exhibit A-4 - U.S. Patent No. 5488531A, #7 Exhibit A-5 - U.S. Patent No. 5530810A, #8 Exhibit A-6 - U.S. Patent No. 5938751A, #9 Exhibit A-7 - U.S. Patent Nos. 6157534A & 6742068, #10 Exhibit A-8 - U.S. Patent No. 6157974, #11 Exhibit A-9 - U.S. Patent No. 6169729B1, #12 Exhibit A-10 - U.S. Patent No. 6198642B1, #13 Exhibit A-11 - U.S. Patent No. 6208522B1, #14 Exhibit A-12 - U.S. Patent No. 6260155, #15 Exhibit A-13 - U.S. Patent No. 6289376B1 (Corrected Chart), #16 Exhibit A-14 - U.S. Patent No. 6294848B1, #17 Exhibit A-15 - U.S. Patent No. 6295299B1, #18 Exhibit A-16 - U.S. Patent No. 6317345B1, #19 Exhibit A-17 - U.S. Patent No. 6324062B1, #20 Exhibit A-18 - U.S. Patent No. 6324608, #21 Exhibit A-19 - U.S. Patent No. 6325636, #22 Exhibit A-20 - U.S. Patent No. 6411506, #23 Exhibit A-21 - U.S. Patent No. 6452789B1, #24 Exhibit A-22 - U.S. Patent No. 6528904, #25 Exhibit A-23 - U.S. Patent No. 6564274B1, #26 Exhibit A-24 - U.S. Patent No. 6591324, #27 Exhibit A-25 - U.S. Patent No. 6594150B2, #28 Exhibit A-26 - U.S. Patent No. 6606253B2, #29 Exhibit A-27 - U.S. Patent No. 6678155B1, #30 Exhibit A-28 - U.S. Patent No. 6170028, #31 Exhibit A-29 - U.S. Patent No. 6747878B1, #32 Exhibit A-30 - U.S. Patent No. 6757748, #33 Exhibit A-31 - U.S. Patent No. 6804193B1, #34 Exhibit A-32 - U.S. Patent No. 6925052B1, #35 Exhibit A-33 - U.S. Patent No. 6950895B2, #36 Exhibit A-34 - U.S. Patent No. 6985967, #37 Exhibit A-35 - U.S. Patent No. 7032119, #38 Exhibit A-36 - U.S. Patent No. 7339786B2, #39 Exhibit A-37 - U.S. Patent No. 6,331,933, #40 Exhibit A-38 - U.S. Patent No. 6,065,053, #41 Exhibit A-39 - U.S. Patent No. 6,202,160, #42 Exhibit A-40 - U.S. Patent No. 6,026,458, #43 Exhibit A-41 - U.S. Patent No. 6681282, #44 Exhibit A-42 - U.S. Provisional Patent Application No. 60/179,734, #45 Exhibit B-1 - 2013-07-12 1015 -Preboot Execution Environment (PXE) Specification Ver. 2.1, #46 Exhibit B-2 - CompactPCI Hot Swap Specification PICMG 2.1 R1.0, #47 Exhibit B-3 - Data Storage for e-Business, #48 Exhibit C-1 - Xyplex Network 9000 (Amended), #49 Exhibit C-2 - Sun Netra, #50 Exhibit C-3 - HP 9000 Superdome, #51 Exhibit C-4 - Cubix Density (Amended), #52 Exhibit C-5 - Proliant 8500, #53 Exhibit C-6 - Motorola CPX8000 (Amended), #54 Exhibit C-7 - Ketris 9000 (Amended), #55 Exhibit C-8 - RLX (Corrected) - FILED UNDER SEAL, #56 Exhibit C-9 - QuantumNet, #57 Exhibit C-10 - Chipcom, #58 Exhibit C-11 - HP S-Series Server (Corrected) - FILED UNDER SEAL, #59 Exhibit C-12 - StorPoint NAS, #60 Exhibit C-13 Starfire, #61 Exhibit D-1 - Ketris System Combo Chart (Amended), #62 Exhibit D-2 - RLX System Combo Chart (Amended) - FILED UNDER SEAL, #63 Exhibit D-3 - ProLiant System Combo Chart (Amended), #64 Exhibit D-4 - Chipcom System Combo Chart (Amended), #65 Exhibit D-5 - Cubix Density System Combo Chart (Amended), #66 Exhibit D-6 - Motorola CPX8000 System Combo Chart (Amended), #67 Exhibit D-7 - Hipp 748 Combo Chart (Amended), #68 Exhibit D-8 - Hipp 506 Combo Chart (Amended), #69 Exhibit D-9 - Hipp 636 Combo Chart (Amended), #70 Exhibit D-10 - Hipp 878 Combo Chart (Amended), #71 Exhibit D-11 - Hipp 967 Combo Chart (Amended), #72 Exhibit D-12 - Gallagher Combo Chart (Amended), #73 Exhibit 2 - Acceleron's 8-14-2017 Letter to Dell, #74 Exhibit 3 - Dell's 9-13-2017 Response Letter, #75 Exhibit 4 - Dell's 8-1-2013 Letter to the Court)(Crain, Norman)
February 26, 2018 Filing 107 RESPONSE re #106 Claim Construction Brief (Supplemental) filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Excerpts of Declaration of Robert Horst - IPR2013-00440)(Crain, Norman)
February 19, 2018 Filing 106 Supplemental Claim Construction Brief filed by Dell, Inc., Dell, Inc... (Attachments: #1 Exhibit 1 ISO Suppl. Claim Construction Brief, #2 Exhibit 2 ISO Suppl. Claim Construction Brief)(Heyman, Paula)
February 5, 2018 Filing 105 Supplemental Claim Construction Brief for U.S. Patent No. 6,948,021 filed by Acceleron, LLC.. (Attachments: #1 Exhibit A - 1-19-2018 Claim Construction Hearing Transcript, #2 Exhibit B - Second Supplemental Declaration of Bill Putnam, #3 Exhibit C - Emails between Counsel, #4 Exhibit D - Corrected Petition for IPR_IPR2013-000440, #5 Exhibit E - Corrected Petition for IPR_IPR2013-00443)(Crain, Norman)
January 17, 2018 Filing 104 CERTIFICATE of Counsel of Service of Dell's Responses to Acceleron's Second Request for Production [47(a)-50] by Paula D. Heyman on behalf of Dell, Inc. (Heyman, Paula)
January 5, 2018 Filing 103 CERTIFICATE OF SERVICE of Dell's First Supplemental Response to Acceleron's Renewed First Interrogatories [1-12] served 01.05.18 by Dell, Inc..(Meek, Kevin)
January 5, 2018 Filing 102 CERTIFICATE OF SERVICE of Dell's Responses to Acceleron's Second Interrogatories [13-17] served 12.11.17 by Dell, Inc..(Meek, Kevin)
January 5, 2018 Filing 101 CERTIFICATE OF SERVICE of Dell's Responses to Acceleron's Renewed First Request for Production [1-47] served 06.19.17 by Dell, Inc..(Meek, Kevin)
January 5, 2018 Filing 100 CERTIFICATE OF SERVICE of Dell's Responses to Acceleron's Renewed First Interrogatories [1-12] served on 06.19.17 by Dell, Inc..(Meek, Kevin)
November 30, 2017 Filing 99 Supplemental NOTICE to Take Deposition of Bryn Forbes filed by Dell, Inc., Dell, Inc. (Meek, Kevin)
November 15, 2017 Filing 98 CORRECTED Exhibit C to Plaintiff Acceleron, LLC's #96 Responsive Claim Construction Brief. (Crain, Norman) Modified on 11/16/2017 (jlm).
November 14, 2017 Filing 97 RESPONSE re #94 Claim Construction Brief,,, filed by Dell, Inc., Dell, Inc.. (Attachments: #1 Affidavit Declaration of Paula Heyman ISO Dell's Responsive Claim Construction Brief, #2 Exhibit 1 - ISO Dell's Responsive Claim Construction Brief, #3 Exhibit 2 - ISO Dell's Responsive Claim Construction Brief)(Heyman, Paula)
November 14, 2017 Filing 96 RESPONSE re #93 Claim Construction Brief, filed by Acceleron, LLC. (Attachments: #1 Exhibit A - Supplemental Declaration of Bill Putnam, #2 Exhibit B - Email from Baker Botts, #3 Exhibit C - Updated Summary of the Parties Constructions)(Crain, Norman) Modified on 11/16/2017 (jlm). (See #98 for Corrected Exhibit C)
October 26, 2017 Filing 95 Amended Claim Construction Statement - JOINT filed by Dell, Inc., Dell, Inc... (Attachments: #1 Exhibit A - ISO Amended Joint Claim Construction Statement, #2 Exhibit B - ISO Joint Claim Construction Stmt.)(Heyman, Paula)
October 25, 2017 Filing 94 Claim Construction Brief filed by Acceleron, LLC.. (Attachments: #1 Exhibit A - Summary of Constructions, #2 Exhibit B - '021 Patent, #3 Exhibit C - '021 File History, #4 Exhibit D - 440 IPR Petition, #5 Exhibit E - 443 IPR Petition, #6 Exhibit F - Putnam Declaration, #7 Exhibit G - Barron's Dictionary, #8 Exhibit H - Newton's Dictionray, #9 Exhibit I - MS Dictionary, #10 Exhibit J - '282 Patent, #11 Exhibit K - Michalson Transcript, #12 Exhibit L - MS Dictionary, #13 Exhibit M - '324 Patent, #14 Exhibit N - IPR Response, #15 Exhibit O - IPR Transcript, #16 Exhibit P - Reply Brief, #17 Exhibit Q - Reply Brief, #18 Exhibit R - Horst Transcript, #19 Exhibit S - MS Dictionary, #20 Exhibit T - Oxford Dictionary)(Crain, Norman)
October 25, 2017 Filing 93 Claim Construction Brief filed by Dell, Inc., Dell, Inc... (Attachments: #1 Affidavit Declaration of Paula Heyman ISO Dell's Opening Claim Construction Brief, #2 Exhibit 1 - U.S. Patent No. 6,948,021, #3 Exhibit 2 - IPR 2013-00440, Paper No. 41 (P.T.A.B. Dec. 22, 2014), #4 Exhibit 3 - IPR 2013-00440, Paper No. 49 (P.T.A.B. Aug. 22, 2016), #5 Exhibit 4 - Excerpts of the deposition transcript of William O. Putnam on October 3, 2017, #6 Exhibit 5 - Declaration of Dr. William Michalson, #7 Exhibit 6 - Curriculum Vitae of Dr. William Michalson, #8 Exhibit 7 - Excerpts from Microsoft Computer Dictionary (Microsoft Corp., 4th ed., 1999), #9 Exhibit 8 - Excerpts of Harry Newton, Newtons Telecom Dictionary (CMP Books, 16th ed. 2000), #10 Exhibit 9 - 021 File History, Response to Office Action (October 12, 2004), #11 Exhibit 10 - Excerpts of Microsoft Press Computer Dictionary (Microsoft Press, 3d ed. 1997), #12 Exhibit 11 - Excerpts from Random House Websters Unabridged Dictionary (Random House, Inc., 2d ed. 1999), #13 Exhibit 12 - Excerpts of Alan Freedman, Computer Desktop Encyclopedia (Computer Language Co. Inc., 2d ed. 1999), #14 Exhibit 13 - U.S. Patent No. 6,528,904, #15 Exhibit 14 - Acceleron, LLC v. Egenera, Inc. et al., 6:08-cv-00417-MHS, Dkt. No. 262, #16 Exhibit 15 - Acceleron, LLC v. Hewlett-Packard Co. et al., 1:10-cv-00128-SLR, Dkt. No. 461, #17 Exhibit 16 - of Provisional Application No. 60/248,834, #18 Exhibit 17 -, IPR 2013-00440, Paper No. 40 (P.T.A.B. Nov. 7, 2014), #19 Exhibit 18 -, IPR 2013-00440, Paper No. 47 (P.T.A.B. June 8, 2016), #20 Exhibit 19 - IPR 2013-00440, Paper No. 23 (P.T.A.B. Apr. 9, 2014), #21 Exhibit 20 - Dell Inc. v. Acceleron, LLC, No. 15-1513, Dkt. No. 22 (July 16, 2015), #22 Exhibit 21 - IPR 2013-00440, Paper No. 48 (P.T.A.B. June 8, 2016, #23 Exhibit 22 - Summary of Opinions to be Offered by William O. Putnam Regarding Claim Construction, #24 Exhibit 23 - Dell Inc. v. Acceleron, LLC, No. 17-1011, Dkt. No. 21 (Apr. 3, 2017))(Heyman, Paula)
October 25, 2017 Filing 92 NOTICE Of Filing Deposition Transcript of William Putnam taken October 3, 2017 by Dell, Inc. (Heyman, Paula)
October 23, 2017 Opinion or Order Filing 91 ORDER granting #90 Motion for Leave to File Excess Pages. Both parties shall have fifty pages each for their opening claim construction briefs and twenty-five pages each for their responsive claim construction briefs. Signed by Judge Timothy C. Batten, Sr on 10/23/17. (rsh)
October 13, 2017 Filing 90 Joint MOTION for Leave to File Excess Pages by Dell, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Flake, Andrew)
October 6, 2017 Filing 89 NOTICE by Dell, Inc. DELL INC.'S NOTICE OF THIRD PARTY SUBPOENA TO BRYN FORBES (Meek, Kevin)
October 6, 2017 Filing 88 NOTICE by Dell, Inc. DELL INC.'S AMENDED NOTICE OF THIRD PARTY SUBPOENA TO DAVID BOTTOM (Meek, Kevin)
September 29, 2017 Filing 87 NOTICE by Dell, Inc. of Notice of Subpoena upon David Bottom for Production and Deposition (Meek, Kevin)
September 26, 2017 Filing 86 CERTIFICATE OF SERVICE of Notice of Deposition of William Putnam by Dell, Inc..(Heyman, Paula)
September 25, 2017 Filing 85 Joint Claim Construction Statement filed by Dell, Inc., Dell, Inc... (Attachments: #1 Exhibit A - ISO Joint Claim Construction Stmt., #2 Exhibit B - ISO Joint Claim Construction Stmt.)(Heyman, Paula)
September 20, 2017 Filing 84 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Telephone Conference held on 9/20/2017. Court addressed issues, heard from parties. Court ORDERED parties to mediate within 30 days of the entry of the Report & Recommendation by Mr. Needle. Hearing concluded. (Court Reporter Lori Burgess)(jlm)
September 13, 2017 Filing 83 Request for Leave of Absence for the following date(s): January 2, 2018 - January 10, 2018, by Norman Andrew Crain. (Crain, Norman)
September 13, 2017 MINUTE ORDER granting #79 Application for Admission Pro Hac Vice of Ryan Clark. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 9/13/17. (se)
September 8, 2017 APPROVAL by Clerks Office re: #79 APPLICATION for Admission of Ryan Clark Pro Hac Vice (Application fee $ 150, receipt number 113E-7353510). Attorney Ryan Clark added appearing on behalf of Dell, Inc. (mmc)
September 7, 2017 NOTICE of TELECONFERENCE Hearing: Hearing set for 9/20/2017 at 11:00 AM before Judge Timothy C. Batten Sr.(se)
August 31, 2017 Opinion or Order Filing 82 STIPULATED PROTECTIVE ORDER by Plaintiff and Defendant. Signed by Judge Timothy C. Batten, Sr on 8/31/17. (rsh)
August 31, 2017 Clerks Notation re #81 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se)
August 30, 2017 Filing 81 Amended Certificate of Interested Persons and Corporate Disclosure Statement by Dell, Inc.. (Taylor, Scott)
August 29, 2017 Filing 80 Joint MOTION for Protective Order with Brief In Support by Dell, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A)(Flake, Andrew)
August 29, 2017 MINUTE ORDER granting #75 Application for Admission Pro Hac Vice of Bailey P. Morgan. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 8/29/17. (se)
August 28, 2017 Filing 79 APPLICATION for Admission of Ryan Clark Pro Hac Vice (Application fee $ 150, receipt number 113E-7353510) with Brief In Support by Dell, Inc.. (Attachments: #1 Text of Proposed Order)(Taylor, Scott)
August 23, 2017 APPROVAL by Clerks Office re: #75 APPLICATION for Admission of Bailey P. Morgan Pro Hac Vice (Application fee $ 150, receipt number 113E-7306226). Attorney Bailey P. Morgan added appearing on behalf of Dell, Inc., Dell, Inc. (pmb)
August 17, 2017 Filing 78 NOTICE by Dell, Inc. Notice of Service of Dell's 1st Interrogatories and 1st Request for Production to Plaintiff (Meek, Kevin)
August 17, 2017 Filing 77 NOTICE by Dell, Inc. Notice of Service of Proposed Claims for Construction (Meek, Kevin)
August 17, 2017 Filing 76 NOTICE by Dell, Inc. Notice of Service of Invalidity Contentions and Response to Infringement Contentions (Meek, Kevin)
August 4, 2017 Filing 75 APPLICATION for Admission of Bailey P. Morgan Pro Hac Vice (Application fee $ 150, receipt number 113E-7306226)by Dell, Inc.. (Taylor, Scott)
July 27, 2017 MINUTE ORDER granting #55 Application for Admission Pro Hac Vice of Valerie K. Barker; granting #56 Application for Admission Pro Hac Vice of Tecuan Flores; granting #57 Application for Admission Pro Hac Vice of Jennifer Librach. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 7/27/17. (se)
July 21, 2017 Filing 74 Amended Initial Disclosures by Dell, Inc.. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B)(Meek, Kevin)
July 19, 2017 APPROVAL by Clerks Office re: #55 APPLICATION for Admission of Valerie K. Barker Pro Hac Vice (Application fee $ 150, receipt number 113E-7242541). Attorney Valerie K. Barker added appearing on behalf of Dell, Inc., Dell, Inc. (pmb)
July 19, 2017 APPROVAL by Clerks Office re: #56 APPLICATION for Admission of Tecuan Flores Pro Hac Vice (Application fee $ 150, receipt number 113E-7242548). Attorney Tecuan Flores added appearing on behalf of Dell, Inc., Dell, Inc. (pmb)
July 19, 2017 APPROVAL by Clerks Office re: #57 APPLICATION for Admission of Jennifer Librach Nall Pro Hac Vice (Application fee $ 150, receipt number 113E-7242550). Attorney Jennifer Librach Nall added appearing on behalf of Dell, Inc., Dell, Inc. (pmb)
July 10, 2017 Filing 73 NOTICE by Dell, Inc. re #65 Notice (Other) NOTICE OF SERVICE UPON CUBIX CORPORATION (Heyman, Paula)
July 10, 2017 Filing 72 NOTICE by Dell, Inc. re #63 Notice (Other) NOTICE OF SERVICE UPON ORACLE AMERICA, INC. (Heyman, Paula)
July 10, 2017 Filing 71 NOTICE by Dell, Inc. re #62 Notice (Other) NOTICE OF SERVICE UPON MRV COMMUNICATIONS (Heyman, Paula)
July 10, 2017 Filing 70 NOTICE by Dell, Inc. re #61 Notice (Other) NOTICE OF SERVICE UPON INTEL CORPORATION (Heyman, Paula)
July 10, 2017 Filing 69 NOTICE by Dell, Inc. re #60 Notice (Other) NOTICE OF SERVICE UPON IBM CORPORATION (Heyman, Paula)
July 10, 2017 Filing 68 NOTICE by Dell, Inc. re #64 Notice (Other) NOTICE OF SERVICE UPON HEWLETT PACKARD ENTERPRISES COMPANY (Heyman, Paula)
July 10, 2017 Filing 67 NOTICE by Dell, Inc. re #54 Notice (Other) NOTICE OF SERVICE UPON ROBERTO GUTIERREZ (Heyman, Paula)
July 10, 2017 Filing 66 NOTICE by Dell, Inc. re #58 Notice (Other) NOTICE OF SERVICE UPON ARTESYN EMBEDDED TECHNOLOGIES INC. (Heyman, Paula)
July 6, 2017 Filing 65 NOTICE by Dell, Inc. Amended Notice of Third Party Subpoena upon Cubix Corporation (Heyman, Paula)
July 3, 2017 Filing 64 NOTICE by Dell, Inc. DELL INC.S NOTICE OF THIRD PARTY SUBPOENA TO HEWLETT PACKARD ENTERPRISE COMPANY (Heyman, Paula)
July 3, 2017 Filing 63 NOTICE by Dell, Inc. DELL INC.S NOTICE OF THIRD PARTY SUBPOENA TO ORACLE AMERICA, INC. (Heyman, Paula)
July 3, 2017 Filing 62 NOTICE by Dell, Inc. DELL INC.S NOTICE OF THIRD PARTY SUBPOENA TO MRV COMMUNICATIONS, INC. (Heyman, Paula)
July 3, 2017 Filing 61 NOTICE by Dell, Inc. DELL INC.S NOTICE OF THIRD PARTY SUBPOENA TO INTEL CORPORATION (Heyman, Paula)
July 3, 2017 Filing 60 NOTICE by Dell, Inc. DELL INC.S NOTICE OF THIRD PARTY SUBPOENA TO IBM CORPORATION (Heyman, Paula)
July 3, 2017 Filing 59 NOTICE by Dell, Inc. DELL INC.S NOTICE OF THIRD PARTY SUBPOENA TO CUBIX CORPORATION (Heyman, Paula)
July 3, 2017 Filing 58 NOTICE by Dell, Inc. DELL INC.S NOTICE OF THIRD PARTY SUBPOENA TO ARTESYN EMBEDDED TECHNOLOGIES INC. (Heyman, Paula)
June 30, 2017 Filing 57 APPLICATION for Admission of Jennifer Librach Nall Pro Hac Vice (Application fee $ 150, receipt number 113E-7242550)by Dell, Inc.. (Taylor, Scott)
June 30, 2017 Filing 56 APPLICATION for Admission of Tecuan Flores Pro Hac Vice (Application fee $ 150, receipt number 113E-7242548)by Dell, Inc.. (Taylor, Scott)
June 30, 2017 Filing 55 APPLICATION for Admission of Valerie K. Barker Pro Hac Vice (Application fee $ 150, receipt number 113E-7242541)by Dell, Inc.. (Taylor, Scott)
June 7, 2017 Filing 54 NOTICE by Dell, Inc. of Notice of 3rd Party Subpoena to Roberto Gutierrez (Meek, Kevin)
May 18, 2017 Opinion or Order Filing 53 ORDER REFERRING CASE to Special Master. William H. Needle appointed. See Order for directives re: compensation, duties, schedule. Clerk is directed to provide Mr. Needle with the requisite account and password without charge. Such access is granted for Mr. Needles use solely in his capacity as special master in this case. Clerk is directed to include Mr. Needle on the docket of each case and provide notification of all filings and Court orders to him. Signed by Judge Timothy C. Batten, Sr on 5/18/17. (rsh)
May 18, 2017 Opinion or Order Filing 52 ORDER granting #51 Motion for Scheduling Order Claim Construction Discovery (attached). See Order for specific directives and deadlines. Signed by Judge Timothy C. Batten, Sr on 5/18/17. (rsh)
May 17, 2017 Filing 51 MOTION for Entry of New Scheduling Order for Claim Construction Discovery by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
May 9, 2017 Filing 50 CERTIFICATE of Counsel Defendant Dell Inc.'s Certificate of Consent to Withdraw Counsel of Record by Scott Ernest Taylor on behalf of Dell, Inc. (Taylor, Scott)
May 3, 2017 Opinion or Order Filing 49 ORDER granting #42 Motion to Reopen Case as of 5/3/17. The parties are ordered to file a new proposed scheduling order for claim construction discovery within fourteen days. Signed by Judge Timothy C. Batten, Sr on 5/3/17. (rsh)
March 17, 2017 Filing 48 STATUS REPORT and Renewed Opposition to Plaintiff Acceleron, LLC's Motion to Reopen Proceedings by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Taylor, Scott)
March 17, 2017 Filing 47 STATUS REPORT by Acceleron, LLC. (Crain, Norman)
October 25, 2016 Filing 46 NOTICE Of Filing by Dell, Inc. re #42 MOTION to Reopen Case (Attachments: #1 Exhibit 1)(Taylor, Scott)
October 5, 2016 Filing 45 NOTICE of Appearance by Robert Duncan Gravois on behalf of Acceleron, LLC (Gravois, Robert)
October 3, 2016 Filing 44 REPLY to Response to Motion re #42 MOTION to Reopen Case filed by Acceleron, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Crain, Norman)
September 26, 2016 Filing 43 RESPONSE in Opposition re #42 MOTION to Reopen Case filed by Dell, Inc.. (Attachments: #1 Declaration of Paula Heyman, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Taylor, Scott)
September 26, 2016 Submission of #42 MOTION to Reopen Case , submitted to District Judge Timothy C. Batten. (jlm)
September 7, 2016 Filing 42 MOTION to Reopen Case with Brief In Support by Acceleron, LLC. (Attachments: #1 Brief in Support of Motion to Reopen Proceedings, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Crain, Norman)
August 7, 2013 Opinion or Order Filing 41 ORDER DIRECTING Clerk to ADMINISTRATIVELY CLOSE case. The case shall be reinstated and reopened upon either party filing a motion to reopen once the proceedings before the United States Patent and Trademark Office are resolved. Administrative closing shall not negatively impact this case. Signed by Judge Timothy C. Batten, Sr on 8/7/13. (jlm) (Additional attachment(s) added on 8/7/2013: #1 Exhibit A, #2 Exhibit B) (jlm).
August 7, 2013 Civil Case Terminated. (jlm)
July 31, 2013 Filing 40 CERTIFICATE OF SERVICE of Discovery Material by Dell, Inc..(Meek, Kevin)
July 19, 2013 Filing 39 CERTIFICATE OF SERVICE of Discovery Material by Dell, Inc..(Meek, Kevin)
July 5, 2013 Filing 38 NOTICE by Dell, Inc. of Third Party Subpoena to Hewlett Packard Company (Attachments: #1 Exhibit A)(Taylor, Scott)
July 5, 2013 Filing 37 DOCUMENT FILED IN ERROR - DEPOSITION of Hewlett Packard Company taken on August 9, 2013 by Dell, Inc.. (Attachments: #1 Exhibit A)(Taylor, Scott) Modified on 7/5/2013 (dr).
June 28, 2013 Filing 36 CERTIFICATE OF SERVICE filed by Acceleron, LLC (Crain, Norman)
June 27, 2013 Filing 35 NOTICE to Take Deposition of Dell Inc. filed by Acceleron, LLC (Crain, Norman)
June 25, 2013 Opinion or Order Filing 34 ORDER GRANTING #33 Motion to Revise Scheduling Order. (See order for deadlines). Signed by Judge Timothy C. Batten, Sr on 6/25/13. (jlm)
June 24, 2013 Filing 33 Joint MOTION to Amend Scheduling Order by Acceleron, LLC. (Attachments: #1 Text of Proposed Order Exhibit 1)(Crain, Norman)
June 12, 2013 Opinion or Order Filing 32 ORDER DENYING Dell Inc.'s #21 Motion for Transfer of Venue. Signed by Judge Timothy C. Batten, Sr on 6/12/13. (jlm)
April 4, 2013 Submission of #21 MOTION to Transfer Case to United States District Court, Western District of Texas, Austin Division, submitted to District Judge Timothy C. Batten. (jlm)
April 1, 2013 Filing 31 REPLY BRIEF re #21 MOTION to Transfer Case to United States District Court, Western District of Texas, Austin Division filed by Dell, Inc.. (Attachments: #1 Exhibit 4)(Taylor, Scott)
March 18, 2013 Opinion or Order Filing 30 ORDER GRANTING #22 Motion to Stay Discovery and Pretrial Deadlines pending Court's ruling on Motion to Transfer action. Signed by Judge Timothy C. Batten, Sr on 3/18/13. (jlm)
March 14, 2013 Filing 29 RESPONSE in Opposition re #21 MOTION to Transfer Case to United States District Court, Western District of Texas, Austin Division filed by Acceleron, LLC. (Attachments: #1 Exhibit A- Declaration of Scott A. Wharton, #2 Exhibit B- Acceleron's Initial Disclosures, #3 Exhibit C- Omega Patents Decision, #4 Exhibit D- Dell's Reply Brief in Round Rock, #5 Exhibit E- Dell's Brief in Bandspeed, #6 Exhibit F- Dell's Initial Disclosures)(Crain, Norman)
March 11, 2013 Filing 28 CERTIFICATE OF SERVICE filed by Dell, Inc. re: Defendant's Initial Disclosures (Taylor, Scott)
March 7, 2013 Submission of #22 Emergency MOTION to Stay Discovery and Pretrial Deadlines Pending Ruling on Motion to Transfer Venue, submitted to District Judge Timothy C. Batten. (jlm)
March 6, 2013 Filing 27 REPLY BRIEF re #22 Emergency MOTION to Stay Discovery and Pretrial Deadlines Pending Ruling on Motion to Transfer Venue filed by Dell, Inc.. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8)(Taylor, Scott)
March 5, 2013 Filing 26 RESPONSE in Opposition re #22 Emergency MOTION to Stay Discovery and Pretrial Deadlines Pending Ruling on Motion to Transfer Venue filed by Acceleron, LLC. (Attachments: #1 Exhibit 1 - Omega Patents, LLC v. General Motors LLC)(Maurer, Eric)
March 5, 2013 Filing 25 Request for Leave of Absence for the following date(s): 4/29/13 - 5/3/13, by Norman Andrew Crain. (Crain, Norman)
February 27, 2013 Filing 24 CERTIFICATE OF SERVICE of Plaintiff Acceleron's Initial Disclosures by Acceleron, LLC.(Maurer, Eric)
February 26, 2013 Opinion or Order Filing 23 SCHEDULING ORDER: approving #17 Joint Preliminary Report and Discovery Plan. Signed by Judge Timothy C. Batten, Sr on 2/26/13. (rsh)
February 25, 2013 Filing 22 Emergency MOTION to Stay Discovery and Pretrial Deadlines Pending Ruling on Motion to Transfer Venue with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Text of Proposed Order Ex. A)(Desai, Anuj)
February 25, 2013 Filing 21 MOTION to Transfer Case to United States District Court, Western District of Texas, Austin Division with Brief In Support by Dell, Inc.. (Attachments: #1 Brief, #2 Exhibit 1 (Part 1), #3 Exhibit 1 (Part 2), #4 Exhibit 1 (Part 3), #5 Exhibit 1 (Part 4), #6 Exhibit 2, #7 Exhibit 3, #8 Text of Proposed Order Ex. 4)(Desai, Anuj)
February 25, 2013 Filing 20 NOTICE to Take Deposition of Defendant Dell Inc. Pursuant to FRCP 30(b)(2) and 30(b)(6) filed by Acceleron, LLC (Maurer, Eric)
February 25, 2013 Filing 19 CERTIFICATE OF SERVICE of Acceleron's First Requests for Production of Documents and Things to Defendant by Acceleron, LLC.(Maurer, Eric)
February 25, 2013 Filing 18 CERTIFICATE OF SERVICE of Acceleron's First Interrogatories to Defendant by Acceleron, LLC.(Maurer, Eric)
February 25, 2013 Filing 17 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Acceleron, LLC, Dell, Inc.. (Maurer, Eric)
February 18, 2013 Filing 16 ANSWER to #9 Counterclaim and Affirmative Defenses by Acceleron, LLC.(Gresham, Dan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
January 31, 2013 Opinion or Order MINUTE ORDER granting [11, 12, 13, 14 & 15] Applications for Admission Pro Hac Vice for Catherine J. Garza, Paula D. Heyman, Roger Fulghum, Nicholas A. Schuneman, and Kevin J. Meek by CRD by direction of the Court. Approved by Judge Timothy C. Batten, Sr on 1/31/13. (jgs)
January 30, 2013 APPROVAL by Clerks Office re: #13 APPLICATION for Admission of Paula D. Heyman Pro Hac Vice (Application fee $ 150, receipt number 113E-4378438). Attorney Paula D. Heyman added appearing on behalf of Dell, Inc. (pb)
January 30, 2013 APPROVAL by Clerks Office re: #11 APPLICATION for Admission of Roger Fulghum Pro Hac Vice (Application fee $ 150, receipt number 113E-4378428). Attorney Roger Fulghum added appearing on behalf of Dell, Inc. (pb)
January 30, 2013 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Nicholas A. Schuneman Pro Hac Vice (Application fee $ 150, receipt number 113E-4378447). Attorney Nicholas A. Schuneman added appearing on behalf of Dell, Inc. (pb)
January 30, 2013 APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Catherine J. Garza Pro Hac Vice (Application fee $ 150, receipt number 113E-4378436). Attorney Catherine J. Garza added appearing on behalf of Dell, Inc. (pb)
January 30, 2013 APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Kevin J. Meek Pro Hac Vice (Application fee $ 150, receipt number 113E-4378445). Attorney Kevin J. Meek added appearing on behalf of Dell, Inc. (pb)
January 28, 2013 Clerks Notation re #10 Certificate of Interested Persons reviewed by TCB. (jgs)
January 25, 2013 Filing 15 APPLICATION for Admission of Nicholas A. Schuneman Pro Hac Vice (Application fee $ 150, receipt number 113E-4378447) with Brief In Support by Dell, Inc.. (Flake, Andrew)
January 25, 2013 Filing 14 APPLICATION for Admission of Kevin J. Meek Pro Hac Vice (Application fee $ 150, receipt number 113E-4378445) with Brief In Support by Dell, Inc.. (Flake, Andrew)
January 25, 2013 Filing 13 APPLICATION for Admission of Paula D. Heyman Pro Hac Vice (Application fee $ 150, receipt number 113E-4378438) with Brief In Support by Dell, Inc.. (Flake, Andrew)
January 25, 2013 Filing 12 APPLICATION for Admission of Catherine J. Garza Pro Hac Vice (Application fee $ 150, receipt number 113E-4378436) with Brief In Support by Dell, Inc.. (Flake, Andrew)
January 25, 2013 Filing 11 APPLICATION for Admission of Roger Fulghum Pro Hac Vice (Application fee $ 150, receipt number 113E-4378428) with Brief In Support by Dell, Inc.. (Flake, Andrew)
January 25, 2013 Filing 10 Certificate of Interested Persons by Dell, Inc.. (Desai, Anuj)
January 25, 2013 Filing 9 Dell's ANSWER to #1 COMPLAINT with Jury Demand with Affirmative Defenses and ( Discovery ends on 10/22/2013.), COUNTERCLAIM against Acceleron, LLC with Jury Demand by Dell, Inc..(Desai, Anuj) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
December 26, 2012 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to Answer. Dell, Inc. Answer due 1/25/2013. Signed by Judge Timothy C. Batten, Sr on 12/26/12. (rsh)
December 20, 2012 Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, by Acceleron, LLC. (Attachments: #1 Text of Proposed Order)(Crain, Norman)
December 10, 2012 Filing 6 Return of Service Executed by Acceleron, LLC. Dell, Inc. served on 12/4/2012, answer due 12/26/2012. (Crain, Norman)
December 3, 2012 Filing 5 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 12/3/12. (rsh)
December 3, 2012 Clerks Notation re #2 Certificate of Interested Persons reviewed by TCB. (jgs)
November 30, 2012 Filing 4 AO Form 120 forwarded to Director of the U.S. Patent and Trademark Office. (adg)
November 28, 2012 Filing 3 Electronic Summons Issued as to Dell, Inc. (adg)
November 28, 2012 Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Acceleron, LLC identifying Corporate Parent Acceleron Management Group, LLC, Other Affiliate Acceleron Services Group, LLC, Other Affiliate Acceleron Group, LLC for Acceleron, LLC. (adg)
November 28, 2012 Filing 1 COMPLAINT with Jury Demand filed by Acceleron, LLC. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 113E-4282568) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(adg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.

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Search for this case: Acceleron, LLC v. Dell, Inc.
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Special master: William H. Needle
Represented By: William H. Needle
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Plaintiff: Acceleron, LLC
Represented By: Dan Robert Gresham
Represented By: Eric G. Maurer
Represented By: Norman Andrew Crain
Represented By: Andrea Pham Nguyen
Represented By: Cynthia Jeannette Lee
Represented By: Robert Duncan Gravois
Represented By: Wesley Roberts
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Defendant: Dell, Inc.
Represented By: Anuj Desai
Represented By: Bailey P. Morgan
Represented By: Catherine J. Garza
Represented By: Jennifer Librach Nall
Represented By: Kevin Meek
Represented By: Lauren J. Dreyer
Represented By: Mark A. Speegle
Represented By: Nicholas A. Schuneman
Represented By: Paula D. Heyman
Represented By: Roger Fulghum
Represented By: Ryan Clark
Represented By: Scott Ernest Taylor
Represented By: Tecuan Flores
Represented By: Valerie K. Barker
Represented By: Andrew B. Flake
Represented By: Preston Hamilton Heard
Represented By: William M. Ragland, Jr.
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